H1 Stamping Issue

abyie

Registered Users (C)
Hi Everybody,

My H1 visa is going to start from Oct 1,2006.I will be goin to india around end of November to get my h1 visa stamped.I have already taken the appointment.But due to some personal reasons, I will be stayin in india for more than 1 month which my employer is not ready to offer.My question is if I get my visa stamped and return back to USA and my employer fires me , Can I still remain on H1 status and can I look for another employer who will transfer my h1 visa or do I have to reapply for my h1 visa?

Thanks & Regards
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abyie
 
In case you are laid off in the US, you go out of status, however, it is still possible to file H1 petition with other sponsor. But you should find the next sponsor quickly.
 
Thanks for your prompt reply.But I am still not sure if by finding out a sponsor you mean a company that will have to refile my application /or a company that can transfer the H1.

In other words I have to find a company willing to transfer my current H1 or a company which will apply a fresh application?

Also I would like to know how much time will I have in hand before getting out of status once I come back from India.

Thanks
Abyie
 
Last edited by a moderator:
abyie said:
In other words I have to find a company willing to transfer my current H1 or a company which will apply a fresh application?
It's "transfer".
Also I would like to know how much time will I have in hand before getting out of status once I come back from India.
There is no clear guideline for how long is good. 2 weeks is mostly OK, a month may get it a little difficult to receive I-94 with H1 approval, but it all depends on adjudication officer.
 
stamping in Ottawa

I am going to Ottawa, Canada to get my visa stamped. h1. wondering if anyone has gotten it done there and if they return the passport the same day.
thanks
jaee
ps- is anyone going on nov 8?
 
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