H1B Transfer Urgent !!

A

a_kapoor

Registered Users (C)
I have H1B stamped with employer A however I have not yet visited US. I mean I am still in India and the H1B is valid.

Now lets say another employer in India sponsors my H1 transfer, Do I need to go for stamping again or just the approval notice will be sufficient to travel US.

# 2

Lets say I enter US on Company A visa, apply for SSN, recieve SSN, and goback immediately to India. I mean I never worked for employer A and just went back in 2-3 weeks. Now if Employer B sponsors my H1 Transfer, can I enter the US on Employer A visa but approval notice or reciept notice of Employer B H1 Transfer.


Gurus its urgent plz help !!
 
a_kapoor said:
I have H1B stamped with employer A however I have not yet visited US. I mean I am still in India and the H1B is valid.

Now lets say another employer in India sponsors my H1 transfer,
You are not eligible for H1 transfer unless you have entered US and obtain a I 94 card with H1 status. Do I need to go for stamping again or just the approval notice will be sufficient to travel US.


# 2

Lets say I enter US on Company A visa, apply for SSN, recieve SSN, and goback immediately to India. I mean I never worked for employer A and just went back in 2-3 weeks. Now if Employer B sponsors my H1 Transfer,

Sponser B may require your previous employer paystub to transfer your H1 to them. But you can try transfer from A to B once you entered US, but your attorney must have solid reason to substantiate your claim against A

can I enter the US on Employer A visa but approval notice or reciept notice of Employer B H1 Transfer.


Gurus its urgent plz help !!
Click to expand...
 
In your case H1 transfer is not a feasible solution.
Its very tricky without a paystub from the previous employer.

I guess you are trying this because of the problem with the H1 quota for fresh filing.
I guess you should be able to file fresh H1 for 2007 FY now but you will be able to use it only in Oct.

neo
 
Well great Guru & Necor thanks for your replies !!

However here is the thing. Most people have wrong understanding about H1 transfer. My next door neighbour's H1 was transferred when he never came to US. The situation was like this:

1) Company A sponsored new H1(first time) and recieved the approval letter (never went for stamping)
2) After few months H1 quota got over, so
3) Company B used same H1 approval notice to get it transferred and it successfully was transferred.
4) And He got successful stamping for Company B.

I my self had a word with attorney at that time so I know inside and out of it.

However in my case I know the transfer is possible in both ways whether after entering US or not however the question is that how can I escape from all the hassles of getting stamping done again.

So in short in what particular way is it possible?: if I enter US and do H1 transfer OR I can be @ home and do H1 transfer.
 
a_kapoor said:
Well great Guru & Necor thanks for your replies !!

However here is the thing. Most people have wrong understanding about H1 transfer. My next door neighbour's H1 was transferred when he never came to US. The situation was like this:

1) Company A sponsored new H1(first time) and recieved the approval letter (never went for stamping)
2) After few months H1 quota got over, so
3) Company B used same H1 approval notice to get it transferred and it successfully was transferred.
4) And He got successful stamping for Company B.

I my self had a word with attorney at that time so I know inside and out of it.

However in my case I know the transfer is possible in both ways whether after entering US or not however the question is that how can I escape from all the hassles of getting stamping done again.

So in short in what particular way is it possible?: if I enter US and do H1 transfer OR I can be @ home and do H1 transfer.
Click to expand...


I am thinking that you can enter the US if you have the H1 stamped in your passport, even though you have another H1 approval notice from another employer. Someone told me that you become an employee of the new company only from the day you start working there.

I have known some of my friends travelling to India and comming back with previous stamping as long as the stamping is Valid (not expired).
I am not aware of the law that governs this, but I know one thing for sure that even after you change employers after coming to the US and dont get the passport stamped again the original stamped Visa on the passport remains important. Only the fresh I-94 takes significance instead of the original.

In short I guess you dont have to get the stamping done again. You have not started working for any of the two companies, so you may as well travel bearing the Visa stamped on the basis of any one of them.

I know the time I came to US most of us had more than a couple of H1 aproovals, and I know some firends who hopped to another job the day after arriving in US. But those were different days. I have not come across anyone who has recently come to US on a fresh H1, not in the last 4 years.

Better get the correct information from a relaible source, my information is pretty dated.

neo
 
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