H1 Transfer and Travel to India

S

sarikagupta

Registered Users (C)
Hi,

I am having following query related to H1 Transfer and Travel to Home Country. Any thoughts will be greatly appreciated. Thanks to all in advance.

I am having H1B from Company A and I am in US since Jun. 2003 on Company A visa which is having expiry date of 30-Apr-2006 (both Visa and I-94). Now I am planning to move to Company B. They are going to file for H1B Transfer (Premium) in a week at the same time (once company B has applied for H1B Transfer) because of some personal reason I need to go to India for about 2 months and will join the Company B after coming to US. I will go for Visa stamping for Company B (after getting H1 Transfer approval) in India. I will resign Company A in India once I get the Visa Stamped for Company B, and then planning to come to US on Company B's visa and join Company B.

The questions here are:
1. Can I fly to India even I do not have the H1B Receipt and/or Approval with me (for Company B)?
2. Do I need to go for Stamping in India for my H1 Transfer for Company B?
3. If yes, while going for visa stamping in India is it ok that I have not joined the Company B yet? (will join Company B after Stamping and coming to US)
4. Do I need some pay stubs from Company B while going for visa stamping?
5. Can I get the Visa stamped for Company B while my old visa (from Company A) is still valid?

Many Regards,
Sarika
 
sarikagupta said:
Hi,

I am having following query related to H1 Transfer and Travel to Home Country. Any thoughts will be greatly appreciated. Thanks to all in advance.

I am having H1B from Company A and I am in US since Jun. 2003 on Company A visa which is having expiry date of 30-Apr-2006 (both Visa and I-94). Now I am planning to move to Company B. They are going to file for H1B Transfer (Premium) in a week at the same time (once company B has applied for H1B Transfer) because of some personal reason I need to go to India for about 2 months and will join the Company B after coming to US. I will go for Visa stamping for Company B (after getting H1 Transfer approval) in India. I will resign Company A in India once I get the Visa Stamped for Company B, and then planning to come to US on Company B's visa and join Company B.

The questions here are:
1. Can I fly to India even I do not have the H1B Receipt and/or Approval with me (for Company B)? yes
2. Do I need to go for Stamping in India for my H1 Transfer for Company B? Yes and No, if you have sufficent exp date in your visa stamped in your pp
3. If yes, while going for visa stamping in India is it ok that I have not joined the Company B yet? Yes (will join Company B after Stamping and coming to US)
4. Do I need some pay stubs from Company B while going for visa stamping? You may need from Company A.
5. Can I get the Visa stamped for Company B while my old visa (from Company A) is still valid? Yes. (Old one will be cancelled by the counsulate)
Many Regards,
Sarika
Click to expand...
 
Thanks a lot for your reply.

When I go for Stamping for Company B's visa. Will Consulate cancel the old visa for sure or he may? If he cancels it will Company A will get to know about it.

Do I need to cancel the Company A's visa before going for stamping for Company B's visa (H1 Transfer).

Also I have 2 dependents (husband and son) with H4. Do they need to take care any thing extra for this. I am planning to go for Stamping along with my Family?

Many Regards,
Sarika
 
sarikagupta said:
Thanks a lot for your reply.

When I go for Stamping for Company B's visa. Will Consulate cancel the old visa for sure or he may? If he cancels it will Company A will get to know about it. Cancellation of visa may not be known to "A" automatically unless they check with Immg Service Center.
Do I need to cancel the Company A's visa before going for stamping for Company B's visa (H1 Transfer). you no need do anything. Consulate will just put a rubber stamp on the old visa (Cancelled) and issue the new one.
Also I have 2 dependents (husband and son) with H4. Do they need to take care any thing extra for this. I am planning to go for Stamping along with my Family?

Nothing extra. Which consulate do you visa stamped earlier? H4 to husband is always a problem in Chennai Consulate.
Many Regards,
Sarika
Click to expand...
 
I really appriciate your help.

I will go to Delhi Consulate for Visa stamping. Will there be any problem for H4 stamping for my husband and kid. If yes what kind of problem and is there any thing I should take care before hand.

Many Regards,
Sarika
 
sarikagupta said:
I really appriciate your help.

I will go to Delhi Consulate for Visa stamping. Will there be any problem for H4 stamping for my husband and kid. If yes what kind of problem and is there any thing I should take care before hand.

Many Regards,
Sarika

Through my experience, husband (Home maker) status in Indian culture give suspicious to counsel. Known lady H1 got rejected , when she applied H4 for her husband and 3 daughters in Chennai in 1997. Still she is not able to come.
Click to expand...
 
sarikagupta said:
Hi,

I am having following query related to H1 Transfer and Travel to Home Country. Any thoughts will be greatly appreciated. Thanks to all in advance.

I am having H1B from Company A and I am in US since Jun. 2003 on Company A visa which is having expiry date of 30-Apr-2006 (both Visa and I-94).
--------------------- you CAN enter US anytime with the valid visa stamp of A

Now I am planning to move to Company B. They are going to file for H1B Transfer (Premium) in a week at the same time (once company B has applied for H1B Transfer) because of some personal reason I need to go to India for about 2 months
------------- let the company B file H1 trasfer after you come back or depart the US after comany B gets H1 approval notice and show your H1 approval notice of B and passport visa stamp of A at POE and you will get I-94 till the validity of new h1 approval notice
and will join the Company B after coming to US. I will go for Visa stamping for Company B (after getting H1 Transfer approval) in India.
-------------Not needed you can come on valid visa stamp of A
I will resign Company A in India once I get the Visa Stamped for Company B, and then planning to come to US on Company B's visa and join Company B.
------------------------------- you can do that if you resign from comany A but US consulate in India are taking time for Visa stamping why to take the risk of stamping?
The questions here are:
1. Can I fly to India even I do not have the H1B Receipt and/or Approval with me (for Company B)?
------------ yes, no US visa needed to going for India
2. Do I need to go for Stamping in India for my H1 Transfer for Company B?
------------- i will not go, I will come on H1 Visa stamp of A
3. If yes, while going for visa stamping in India is it ok that I have not joined the Company B yet? (will join Company B after Stamping and coming to US)
------------ can do that, take the copy of LCA and form I-129 and full petition filed by B and H1 approval notice
4. Do I need some pay stubs from Company B while going for visa stamping?
----------- as you have NOT worked for B how you can have pay stubs through B?
5. Can I get the Visa stamped for Company B while my old visa (from Company A) is still valid?
-------------- one can do that but not required if your new H1 trasfer comes with I-94 attached and show the valid Visa AND H1 approval at POE
Many Regards,
Sarika
Click to expand...
 
H1 Question ?????

Hi,

X company is applied my h1b and Once I get my H1b I can start working from Oct 1st. But I found a better job in Y and they are ready to do my h1 transfer. Can I do H1b transfer before I join X company. Is there a time limit for H1b transfer. I am in US on J1.

Please advice ????

Thanks !!....HS
 
Thanks a lot for your reply ginnu.

Few things to clarify from your answers.
1. I must need to resign company A in India and they will probably cancel my H1b. So while coming back to US I need visa from company B and hence probably I need to go for Stamping in India once I get the H1B transfer approval notice. Company B can send it to me via mail while I am in India. It that fine?

2. I don't have choice to stay back in US till I get the H1B transfer receipt/approval notice here in US. As my current assignment from company A has been completed so I need to go back to India. So is I ok if I fly from US once company B files for H1b transfer and I do not have receipt/approval notice with me while I am leaving from US? Or it is must that I should have H1 Transfer receipt notice with me before I leave US?

So what I am planning is once company B applies for H1b transfer (in a day or two), I will go to India and once I get the H1 transfer receipt (while I am in India) will schedule for visa stamping interview in Delhi consulate. It takes about 2 months these days that should be fine as any how I need to stay in India for about 2 months atleast for some personal reason. Also will continue to work with company A will I get my visa stamped for company B. Once I get my visa stamped I will resign company A and will come to US on company B's visa to join company B.

Can this plan work, I mean is there any legal issues with this plan from Immigration point of view?

Many Regards,
Sarika
 
Last edited by a moderator:
sarikagupta said:
Thanks a lot for your reply ginnu.

Few things to clarify from your answers.
1. I must need to resign company A in India and they will probably cancel my H1b.
-------------- company can request USCIS to Revoke the H1, USCIS has nothing to do with Visa stamp
So while coming back to US I need visa from company B and hence probably I need to go for Stamping in India once I get the H1B transfer approval notice.

Company B can send it to me via mail while I am in India. It that fine?
----------------------------- you can do that. but you CAN also enter with valid visa stamp through past employer and with H1 transfer approval notice. if you want to get new visa stamp you can also do that.

2. I don't have choice to stay back in US till I get the H1B transfer receipt/approval notice here in US. As my current assignment from company A has been completed so I need to go back to India. So is I ok if I fly from US once company B files for H1b transfer and I do not have receipt/approval notice with me while I am leaving from US?
----------- that is ok
Or it is must that I should have H1 Transfer receipt notice with me before I leave US?
---------- not needed if you are going out of US, but if comany B files H1 transfer you can start working with B once you get H1 filing reciept (if you wish and B is ready to take you)
So what I am planning is once company B applies for H1b transfer (in a day or two), I will go to India and once I get the H1 transfer receipt (while I am in India) will schedule for visa stamping interview in Delhi consulate. It takes about 2 months these days that should be fine as any how I need to stay in India for about 2 months atleast for some personal reason. Also will continue to work with company A
will I get my visa stamped for company B.
------- YES, ask the company B lawyer to give you certified copy of H1 trasfer filing petition that includes LCA, form I-129 and cover letter, take all your W-2 with you, consulate may ask you. (the consulates are creating problems if your past employer paid you less than the LCA, if you have copy of past employer H1 petition take that with you and show ONLY what is asked)
Once I get my visa stamped I will resign company A and will come to US on company B's visa to join company B.

Can this plan work, I mean is there any legal issues with this plan from Immigration point of view?
---------- I dont see any problems
Many Regards,
Sarika
Click to expand...
 
Reply to your query

Recently I visited India while my H1 transfer was in process from A to B. I would suggest you following:
1. If you are transferring visa from A to B, resign A. Ensure that B has submitted your H1 transfer. Try to get the Receipt. Even if you get it by fax once you are in India thats OK.
2. If you got a valid stamped visa while coming back to US, that would be fine. Even if that visa is on your old employer's name (A) that would be OK. You dont need to go to consulate, cancel visa for A and get visa stamped for B.
When I came back to US, I had a valid visa stamped in my passport, for company A and H1 transfer receipt from company B.
If you have any questions, send me a mail to machads@gmail.com

M
 
Hi
I have my H1 transfer in process. Will I have any problem..if I try to come back to US..with the previous company visa. Do I have to have the New H1-transfer related documents..?
thanks...
 
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