Am I correct in doing this with my H1?

B

backtobharat

New Member
I was in US on H1 for 3 years till end-2001 and returned to start a venture in India (home country). My last US employer (paid hourly), still has my H1 and waiting for me to return. Another company offered me to work in India but be in US for a month initially and then later as required. I told them I already have H1 and can enter US, work at their office for a month while they pay me in India.

Am I correct in saying this to them? If I enter US on company A\'s H1 and be there for 1-2 months without pay (work with company B that pays me in India), is that considered -ve by INS later?

Most likely, and correct me, the Indian company will process a B1 visa for a month\'s visit, right? The reason I was avoiding a B1 is that I may decide to work in US and then a fresh H1 will be needed. If I keep this H1, I only need a transfer. Is this reason valid? And I can\'t have both B1 and H1, can I?

And my basic question is - my US employer says he has not revoked H1. I left US in February. Can I enter US just like that with my stamped H1 (previous one valid till end-2003) and his approval notice? Or get H1 revalidated first in India? Will consultate or POE usually require a "current employment" letter from this H1 employer due to absence since Jan? For your information, I have been with 3 employers in US and travelled in & out 5-6 times last 3 years.

Sorry for the lengthy mail. Please bear with me and advise me even if briefly on any or all points. Any help will be appreciated..
 
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you cannot automatically use the other companie\'s H1b for this new employer. You need to apply for a new h1 petetion. For entry purpose you dont need to get a h1b stamped again at the consolur ofice. Other thatn that a transfer of old h1b to the new employer or new h1b has to be got from the ins. If it is ust one month old then you are better of getting a b1 instead of the waits associated wiht getting h1. you could still ue the old h1b if the old employer reinducts you as a employee or if you find a new employee who gives sponsers you for a h1b.
-good luck
 
For h1 transfer you need latest paystub from your last H1 sponser company

The only thing might be problem when you want to transfer H1, you need to include your current pay stub, if your old company is ready to produce that then it won't create problem. Otherwise you need to go out of the country and get H1 stamp same like change from B1-H1. And For INS if they found out about this thing it's big time -Ve thing after sep 11. If you don't work with the company who sponser your h1 next day you will be out of status and traveling will be worst thing.

To avoid complication I would say go for new B1 is ideal way to deal with the situation, and then convert h1 if needed.

Best luck, JB
 
Unless you have a recent employment

You should not risk entering using old visa. Your home country consulate might reject a B1 if the business reasons is suspect (previous H1, intent to apply for another H1). B1 to H1 is also not a given, for one you have to wait for 3 months before applying for a B to H1. And you have to wait till H1 approval to start working and if B visa gets expired, you have still have to go out of US to get a new H stamp and come back.
 
Unless you have a recent employment

You should not risk entering using old visa. Your home country consulate might reject a B1 if the business reasons is suspect (previous H1, intent to apply for another H1). B1 to H1 is also not a given, for one you have to wait for 3 months before applying for a B to H1. And you have to wait till H1 approval to start working and if B visa gets expired, you have still have to go out of US to get a new H stamp and come back.
 
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