Please advice

[bachibachi]

Hi,

Can I transfer H1 from india? Can I come to USA while my h1 transfer is in progress? If my H1 transfer is denied can I enter USA with my old h1?
Please advice.

Thanks in advance,

venu

 

[EricS]

Hi,

Can I transfer H1 from india? Can I come to USA while my h1 transfer is in progress? If my H1 transfer is denied can I enter USA with my old h1?
Please advice.

Thanks in advance,

venu

IMO, you can transfer H1 once you are in H1 status. If you are still in India and will be coming to the US for first time on H1, you do not have a H1 status yet, you only have a H1 visa (and may be H1 stamp in the passport). You can come to US and then transfer the H1. If you want to do it from there then it may be a new H1 petition.

BTW, who spent the money for that original H1, you or the employer?

 

[bachibachi]

thanks Erics. I came to usa before my start date, applied for ssn and due to personal problems left to india before my start date. my ssn card is with my employer. do i need the ssn card to apply for h1 transfer? I spent everything except lawyer fees for previous h1.

thanks,

venu

 

[EricS]

thanks Erics. I came to usa before my start date, applied for ssn and due to personal problems left to india before my start date. my ssn card is with my employer. do i need the ssn card to apply for h1 transfer? I spent everything except lawyer fees for previous h1.

thanks,

venu

You do not need the SSN card to apply for transfer.

You say you came to US before the H1 start date, so I assume you came on some other visa like visitor visa. So even in that case you did not start your H1 status.

Even if you entered on H1, as you did not start working on H1 and will not have any paystubs, it will be very difficult to do a H1 transfer.

If you have any further questions, I would like you to give the complete details of your visa status and the dates associated.