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  • Enter into US with H1 stamping without employer

    Hello
    I got my H1B visa stamped in India. However my employer is not able to send me very soon.
    I am thinking about two possibilities -
    1) Will it possible for me to enter into USA based on approved visa. I am planning to search jobs after coming to USA.
    2) Will it possible for me to transfer my H1 without entering into USA ? I can look for employer who can send me sooner.

    Please help me on this..

  • #2
    Originally posted by Swapnil Shinde View Post
    Hello
    I got my H1B visa stamped in India. However my employer is not able to send me very soon.
    I am thinking about two possibilities -
    1) Will it possible for me to enter into USA based on approved visa. I am planning to search jobs after coming to USA.
    2) Will it possible for me to transfer my H1 without entering into USA ? I can look for employer who can send me sooner.

    Please help me on this..
    Not recommended. What if at the Port Of Entry the officer asks for employment verification letter , client letter, calls client to verify etc? You would be deported back and possibly visa cancelled too.

    Even if you somehow make it though the POE if you are not getting a salary in US while on H1, right from day 1, you would be out of status. Any other employer filing a transfer would ask you to provide pay stubs to prove your valid status.

    If your current employer is not having opportunity, some other employer can tranfser the H1 petition and you can enter US on that transferred petition after approval.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Not recommended. What if at the Port Of Entry the officer asks for employment verification letter , client letter, calls client to verify etc? You would be deported back and possibly visa cancelled too.

      Even if you somehow make it though the POE if you are not getting a salary in US while on H1, right from day 1, you would be out of status. Any other employer filing a transfer would ask you to provide pay stubs to prove your valid status.

      If your current employer is not having opportunity, some other employer can tranfser the H1 petition and you can enter US on that transferred petition after approval.

      This is my opinion not legal advice.
      Hello Ragvi
      Thank you very much for your quick reply.. So I can find another employer in India and ask them to transfer my H1, right? Would be great if you explain it more.

      Thanks in advance..

      Comment

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