ravi.kallem@hotmail.comFiling for a new H1 in USA just before traveling to India

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cbman

Registered Users (C)
Can someone file for a new H1 with a different company just before going to India ?

When I come back from India I still intend to work for my current employer for few days, later I will change to the new employer.

From few I heard its ok, because its not from one status to another. But my lawyer said its not ok. Please advise.

Thank you very much in advance
 
Can someone file for a new H1 with a different company just before going to India ?
----- Yes the new employer can file Fresh NEW H1 for you and once it is approved it will have no I94 attached, so you need to go out of US get H1 visa stamp and enter on H1 status with new I-94. NEW H1 will be subject to Cap and lawyers reported that all NEW H1 numbers might be consumed in early 2004.

When I come back from India I still intend to work for my current employer for few days, later I will change to the new employer.
----- Better you should file H1 to H1 transfer when you are back from India you will get I-94 extended till the validity of H1 transfer, you need recent pay stubs and you are not under cap, that is the best option for you if you want to change the employer, you can join the new employer with H1 transfer filing receipt
 
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