H1B transfer and stampming before joining Job

L

lalalala

Registered Users (C)
i am doing the current job till april 2007 and joining the new employer in may2007, have approved visa with current employer till 2009.
1. can a request H1 transfer even in Jan and put joining date of may
2. if my H1b transfer is approved can i go for the visa stamping with the new employer while i am still working with the old employer or should i wait for the last day at my current job and then go for stamping
3. is it safe to get the visa stamped in Canada or India one month before joining the job , i would have all the documents except the pay stubs, i would have w2 and pay stubs from my previous employer, is there any risk involved in the this move.
i do have EAD/AP but want to keep H1b as precaution , even though my three years of waiver job are over
 
How to know H1 Status in this case? Can employer cancel H1 when you are out of US.

I am posting this question on behalf of my friend. He was working in US on a H1 visa from March 2005-August 2005. During August 2005, he came back to his native country with the plan of doing his post graduate studies. But after a couple of months, things got changed, he couldn't get into the top colleges and so he decided to go back to US.

Meanwhile in his native country he took up a job with a Fortune 10 company. Now he is willing to go back to US as he has a valid H1. He had told his employer while leaving US that he will try his best to get a seat in top college in India and if he couldn't he will come back and work for them. At first his employer was not happy but later agreed. Now when he contacted them to inform them that he is willing to come to US, his employer says that they have already given a letter to USCIS/INS asking them to cancel his H1. But when he checked his status in USCIS site, it just mentions the case approval date and doesn't talk anything about hold/cancellation of his H1.

What could have happened?. Is it possible to cancel his H1 when he was outside US? If so, why is the USCIS site doesn't mention anything about that. His friend in US who works for the same employer told him that the company is threatening him, but he is still confused. Even if his employer calls him now to come to US, he may be afraid to go there and work. He feels that some letter has been given about him to the USCIS/INS which will lead him to unnecessary problems when he enters US.

Please advise. Thanks in advance.
 
Jothi Shankar said:
I am posting this question on behalf of my friend. He was working in US on a H1 visa from March 2005-August 2005. During August 2005, he came back to his native country with the plan of doing his post graduate studies. But after a couple of months, things got changed, he couldn't get into the top colleges and so he decided to go back to US.

Meanwhile in his native country he took up a job with a Fortune 10 company. Now he is willing to go back to US as he has a valid H1. He had told his employer while leaving US that he will try his best to get a seat in top college in India and if he couldn't he will come back and work for them. At first his employer was not happy but later agreed. Now when he contacted them to inform them that he is willing to come to US, his employer says that they have already given a letter to USCIS/INS asking them to cancel his H1. But when he checked his status in USCIS site, it just mentions the case approval date and doesn't talk anything about hold/cancellation of his H1.

What could have happened?. Is it possible to cancel his H1 when he was outside US? If so, why is the USCIS site doesn't mention anything about that. His friend in US who works for the same employer told him that the company is threatening him, but he is still confused. Even if his employer calls him now to come to US, he may be afraid to go there and work. He feels that some letter has been given about him to the USCIS/INS which will lead him to unnecessary problems when he enters US.

Please advise. Thanks in advance.
Click to expand...

His employer just cancelled his H1. So, he can't enter US with that H1 Visa. If another employer sponsers H1, he can get it stamped and comeback to US without any problems. But, he can't enter the USA with the current Visa. USCIS does not change the Online status when an H1 is cancelled/revoked.
 
Thanks cableching.

But his employer called him yesterday and told him that his petition is valid and only his H1B visa has been cancelled.
The employer has also informed him that they will start teh revalidation process and all he needs to do is get the H1B stamped again in his home country. What do you think...is this possible?

thank you once again for your answer.
 
Jothi Shankar said:
Thanks cableching.

But his employer called him yesterday and told him that his petition is valid and only his H1B visa has been cancelled.
The employer has also informed him that they will start teh revalidation process and all he needs to do is get the H1B stamped again in his home country. What do you think...is this possible?

thank you once again for your answer.
Click to expand...

I am not sure on how they can cancel the H1 Visa?? Visa is stamped based on the H1 from the Company, so Company can only cancel the H1 and not the Visa. If the H1 is cancelled, then automatically the Visa will become invalid, if the employee is not in US and does not possess a valid H1 from another company with an extension approved while in US?
 
You must log in or register to reply here.
Top