Travel and visa stamp while H1 transfer in process?

P

pd_2004

Registered Users (C)
Hi,

I have a confusing situation for which I would like some guidance/suggestions. I am at Univ A on H-1B. I just got an offer from Univ B. Amidst this, my wife and I were planning on going to India in Sep, get H-1 (and H-4 for my wife) visa stamped (based on Univ A H-1). All travel plans were made long back. Situation is that my position at A is currently unstable and I would like to switch to B. So I am thinking of accepting the position at B, even though it is only for 1-year - since it atleast gives me time to do more job search. At the same time, it has been 3 years since I have been to India and so we want to visit India as well (and plus since we have all plans made already). My question is the following:

1. Let us say I accept the offer from Univ B and they start processing H-1 transfer immediately for employment start date of Nov 1 or Dec 1, 2006.

2. In the meanwhile, I travel with my family in Sep 2006 to India and appear for visa interview using H-1 papers from Univ A with a plan to return to US in first week of Oct 2006.

Will we have problems at the visa interview, since they might probably know that such a H-1 transfer is in process? Also, will we have problems at port of entry? How do we answer if a question about this transfer comes up? I dont want to do anything risky or illegal. Should we cancel our plans to go to India? Is that the safest solution?

Any suggestions or comments would be very helpful.

Thanks a lot,
PD
 
Visa Queries

I have a confusing situation for which I would like some guidance/suggestions. I am at Univ A on H-1B. I just got an offer from Univ B. Amidst this, my wife and I were planning on going to India in Sep, get H-1 (and H-4 for my wife) visa stamped (based on Univ A H-1). All travel plans were made long back. Situation is that my position at A is currently unstable and I would like to switch to B. So I am thinking of accepting the position at B, even though it is only for 1-year - since it atleast gives me time to do more job search. At the same time, it has been 3 years since I have been to India and so we want to visit India as well (and plus since we have all plans made already). My question is the following:

1. Let us say I accept the offer from Univ B and they start processing H-1 transfer immediately for employment start date of Nov 1 or Dec 1, 2006.

---- What is the validity term of H1 from Univ. A--There is no indication of this matter on your post

2. In the meanwhile, I travel with my family in Sep 2006 to India and appear for visa interview using H-1 papers from Univ A with a plan to return to US in first week of Oct 2006.

---- If your H1 transfer is in process, then better wait till the processing is complete, get your H1 approval notice and then proceed for the visa interview

---- Have you already booked your visa appointment in India. If not you are merely speculating that you will appear for a visa interview in Sept-Oct. 2006

---- Take a look at the dates available for your visa interview and do not be surprised. After that all matters can be sorted out

Your post should clearly tell anybody that right now you do not have a visa and on return to US you need a visa stamped in your passport which is not possible at the present rate of booking appointments

Will we have problems at the visa interview, since they might probably know that such a H-1 transfer is in process? Also, will we have problems at port of entry? How do we answer if a question about this transfer comes up? I dont want to do anything risky or illegal. Should we cancel our plans to go to India? Is that the safest solution?

Further queries, forum is available to you

Subramanya
 
Sorry, here are the details:

1. My H-1 status from Univ-A is until May 31, 2008

2. Yes, you are correct. I do not have H-1 visa stamp on my passport yet. So when I go to India, I need to get a visa stamp.

3. Yes, I already have fixed an appointment for visa interview long back for last week of Sep 2006 using Univ A H-1 petition details. (You may ask then why I want to switch to Univ B at this time...like I said, situation has changed in the past month and due to funding issues, my position at Univ A is highly unstable, and have been advised to find another position asap.)

Thanks,
PD
 
Visa Stamping

Sorry, here are the details:

1. My H-1 status from Univ-A is until May 31, 2008

2. Yes, you are correct. I do not have H-1 visa stamp on my passport yet. So when I go to India, I need to get a visa stamp.

3. Yes, I already have fixed an appointment for visa interview long back for last week of Sep 2006 using Univ A H-1 petition details. (You may ask then why I want to switch to Univ B at this time...like I said, situation has changed in the past month and due to funding issues, my position at Univ A is highly unstable, and have been advised to find another position asap.)

---- Has Univ B applied for your H1 Transfer already or can they (and you) wait till your return in October. In which case you can go for your visa stamping with Univ A as the H1 from them is vslid till May 2008.

Once you come to US you can apply for a transfer to Univ B and at that time you will still be in status as you will have a receipt number for H1 transfer and even start your employment with them

Has the Univ. A advised you to find another position? and can they wait till your return to US in Oct. or may be wait till No. whne you can complete all the paper work for H1 transfer to Univ B (though it doesn't take that long)

The visa interview and issues at POE can be sorted out if you don't mind clarifying the above issues

Subramanya
 
Q: Has Univ B applied for your H1 Transfer already or can they (and you) wait till your return in October. In which case you can go for your visa stamping with Univ A as the H1 from them is vslid till May 2008.

Ans: Univ B has not applied for H1 transfer. I haven't asked them about waiting till Oct. That is probably a good idea. In that case, like you said, I could go and get stamped with Univ A H-1 papers. But how long does a H-1 transfer take place (Univ B is in NY)? I thought it took atleast 3 months for regular processing, and it looks like Univ B wants me to start in Nov..probably Dec the latest. I was going to discuss with them exact start date after sorting out this issue that you are helping me with.

Q: Has the Univ. A advised you to find another position? and can they wait till your return to US in Oct. or may be wait till No. whne you can complete all the paper work for H1 transfer to Univ B (though it doesn't take that long)

Ans: Yes, Univ A has advised me to find another position. Hopefully they can keep me atleast until Dec...that's what I understood based on my discussion, and I havent (and dont want to) inform them of new offer from Univ B until it is official and Univ B has started processing.

Thanks for all your suggestions and help,
PD
 
Visa Stamping

Q: Has Univ B applied for your H1 Transfer already or can they (and you) wait till your return in October. In which case you can go for your visa stamping with Univ A as the H1 from them is vslid till May 2008.

Ans: Univ B has not applied for H1 transfer. I haven't asked them about waiting till Oct. That is probably a good idea. In that case, like you said, I could go and get stamped with Univ A H-1 papers. But how long does a H-1 transfer take place (Univ B is in NY)? I thought it took atleast 3 months for regular processing, and it looks like Univ B wants me to start in Nov..probably Dec the latest. I was going to discuss with them exact start date after sorting out this issue that you are helping me with.

---- Now your situation is more clear to me. Univ. B has not applied for the transfer and they can do it starting Nov. or Dec. in which case you can go for the Visa stamping. The length of time taken for processing does not matter as long as you have applied for the transfer and taken a receipt number. Once the receipt number is in yor hands, you can join and start working with the Univ B. and you can receive the H1 approval notice at a later date. However, if you are in a hurry you can go in for premium processing and that will get you the approval notice withing 2 months

Q: Has the Univ. A advised you to find another position? and can they wait till your return to US in Oct. or may be wait till No. whne you can complete all the paper work for H1 transfer to Univ B (though it doesn't take that long)

Ans: Yes, Univ A has advised me to find another position. Hopefully they can keep me atleast until Dec...that's what I understood based on my discussion, and I havent (and dont want to) inform them of new offer from Univ B until it is official and Univ B has started processing.

---- You do not have to inform Univ. A about the offer and the H1 transfer unless you want to on a personal basis to maintain good relations

Subramanya
 
h1seek,
You need to first find a job with a non-profit. Then they will typically sponsor the H-1 application process for you. Otherwise, I guess you will have to find a lawyer who can help with H-1 filing.
-PD
 
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