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  • Need clarification on visa stamping interview after changing employer.

    Hello Sir,

    I started working with my employer A from Oct 30 2006 and got relieved on Feb 6 2013. My first H1 petition with employer A got approved on Aug 2010 valid till Aug 2012 but due to some personal & family issues I got it stamped only on Jan 2012 which was valid till Aug 2012. I traveled to US on Feb 2012 for company A. Before Aug 2012, I applied for extension of my visa petition with same employer A which got approved on June 2012 and valid till Sept 2014 (I filed this extension when am in US).

    Joined my new employer on Feb 11 2013 (the new employer B filed my petition and got it approved on Feb 8 2013). Then my old petition (the extension petition) with employer A got revoked on Mar 2013. Now am going for a vacation to my home country.
    Additional information
    1. Should I use the new petition (employer B) to get my visa stamped?
    2. When I attend the interview, would there be any questions from the consulate like why my previous petition with employer A was revoked?
    3. Is it normal that the previous employer A would revoke the H1 when the employer quits from them and joins employer B?
    4. I joined my employer A on Oct 2006 with the basis like I need to undergo a Post Graduation of MS (in software engineering) with employer sponsorship. I completed MS on Dec 2011 with employer A. While resigning from employer A, they hav mentioned in my relieving letter as Dec 2011 as my date of joining. But I have a signed reference and bonafide letter with company seal from employer A that I was working with them from Oct 2006 as an employee with my salary details. Would there be an issue while I go for visa stamping? Can I show this signed letter as my experience certificate at the time of interview if my consulate ask about my experience letter?

    Please advise me on this as early as possible.

    Thanks in advance!!

  • #2
    Originally posted by Sadeesh1986 View Post
    Hello Sir,

    I started working with my employer A from Oct 30 2006 and got relieved on Feb 6 2013. My first H1 petition with employer A got approved on Aug 2010 valid till Aug 2012 but due to some personal & family issues I got it stamped only on Jan 2012 which was valid till Aug 2012. I traveled to US on Feb 2012 for company A. Before Aug 2012, I applied for extension of my visa petition with same employer A which got approved on June 2012 and valid till Sept 2014 (I filed this extension when am in US).

    Joined my new employer on Feb 11 2013 (the new employer B filed my petition and got it approved on Feb 8 2013). Then my old petition (the extension petition) with employer A got revoked on Mar 2013. Now am going for a vacation to my home country.
    Additional information
    1. Should I use the new petition (employer B) to get my visa stamped? -- of course
    2. When I attend the interview, would there be any questions from the consulate like why my previous petition with employer A was revoked? -- No, it does not matter.
    3. Is it normal that the previous employer A would revoke the H1 when the employer quits from them and joins employer B? -- Yes.
    4. I joined my employer A on Oct 2006 with the basis like I need to undergo a Post Graduation of MS (in software engineering) with employer sponsorship. I completed MS on Dec 2011 with employer A. While resigning from employer A, they hav mentioned in my relieving letter as Dec 2011 as my date of joining. But I have a signed reference and bonafide letter with company seal from employer A that I was working with them from Oct 2006 as an employee with my salary details. Would there be an issue while I go for visa stamping? Can I show this signed letter as my experience certificate at the time of interview if my consulate ask about my experience letter?
    -- That is unusual. Although it may not affect your Visa application, it is advisable to get an appropriate evidence for your job responsibilities and work experience for other future petitions.
    Please advise me on this as early as possible.

    Thanks in advance!!
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      See above.
      Thanks for your reply!!

      My previous employer A confirmed at the time of joining on 2006 that my period when am undergoing my MS would also be considered as my whole experience. But at the time of resignation they told it cannot be done and my joining with the company would be only after completing my MS. For your information, for the 5 years while am doing my MS I worked with the employer A for all weekdays and weekends I need to attend the classes for MS. I filled all their timesheets and other stuffs too.

      Is there any way to get such letters with roles and responsibilities as you have mentioned in your previous reply? Please let me know.

      Thanks in advance!!

      Comment


      • #4
        What was your immigration status during that period?
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          What was your immigration status during that period?
          While doing my MS in those 5 years from Jan 2007 to Dec 2011, I did travel twice for business visits (since I already got my B1 visa stamped in my passport on 2008 which is valid till Sept 2018). Apart from that, am not sure about what do you mean by immigration status in this period. I travelled to US on H1B only on Feb 2012 i.e., 2 months after completing my MS.

          Comment


          • #6
            So your MS was not in the US. In that case it makes no difference from US point of view. If work experience letters are required and employer is unable to provide those, you can also obtain letters from your colleagues stating your position and responsibilities.
            This is my opinion and not legal advice.

            Comment

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