H1 VISA Questions

[vsmani]

My brother has a three year stamped H1 VISA which expires on October 30, 2003.
He never travelled U.S. due the fact the employer couldn't place him. However, the employer didn't cancelled the H1 Visa till to date. Now has a another offer in his company, and they have filed the extension with the employer change. He is waiting for the receipt of the filing.

1. Will the INS approve this request inspite of not using the VISA for the long time ?

2. Is it possible to change the employer without working for not even 1 day with the prior employer?

3. Is it possible to change the employer from India ?

4. If all of the above is possible and with the filing receipt of the employer change with the extension, can he enter U.S. with out any problems ?

5. Will he face any problem in future extension if all of the above is fine ?

Any body knows the answer ?

 

[niladri30]

1. Chances are good that they will.
2. Yes.
3. Yes.
4. Yes, unless the original H1 has been revoked or informed as unused to BCIS by previous employer. But do not count on IIO's at port of entry not to be suspicious. Also a visa is not a guarantee of entry, and the long unuse could cause many unncecessary questions.
5. No.

 

[140_takes_4ever]

vsmani

vsmani,

Not to seem offensive but this should probably go in the H1 forum, where people might be able to throw more light on your question.