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  • Have H1B Via

    Hi All,

    I am currently working one of the organization and have H1B visa stamped in my passport and it is valid till next year. But there is no onsite requirement in my current project and they are not releasing from the account as well. I am planning to quit the company and join some other company. I have some questions about my visa, because of shifting to new company.

    1) I already stamped my H1B visa in my passport. If i hasnt travel for the entire peroid to US. Whether i could extend my visa from India itself?
    2) If i quit the current company and join another company, whether i could us my H1B visa in the new company for travel?
    3) In my H1B visa, my company name is mentioned. whether i need to modify the visa with my new company name, then only i could travel?

    Could you please help me on this. It will be helpful for me to plan my carrer.

    Please let me know if you need any other information.

    Regards,
    Suresh

  • #2
    The new company (or any other company) will need to file a petition for you. The petition will be exempt from annual cap. You will remain eligible for cap-exemption for up to 6 years after the current company's petition expires. After the new petition is approved, if the Visa in your passport is not expired, you can use that same Visa and new approval notice to travel to US and work for this new company.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      The new company (or any other company) will need to file a petition for you. The petition will be exempt from annual cap. You will remain eligible for cap-exemption for up to 6 years after the current company's petition expires. After the new petition is approved, if the Visa in your passport is not expired, you can use that same Visa and new approval notice to travel to US and work for this new company.


      Hai Kabkaba,

      Thanks for your advise. So i need to ask the new company to file the new petition for me.

      1) Could you please let me know, what are the documents are required to submit the new petition from the new company
      2) How much days it will take for USICS to approve the new petition
      3) For me Visa is already stampped and it mentioned in visa that the expiry date as sep 2014. I never travelled also. If i apply new petition in the other company. whether i need to stamp again?
      4) you have mentioned in the response 'if the Visa in your passport is not expired'. Lets take if my visa in my passport is expired, then wat to do. I cant do visa transfer as well if visa expired in my passport?


      Regards,
      Suresh
      Last edited by Suresh1987; 07-31-2013, 12:31 AM.

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      • #4
        The petition will be exempt from annual cap.


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        • #5
          Originally posted by Suresh1987 View Post
          Hai Kabkaba,

          Thanks for your advise. So i need to ask the new company to file the new petition for me.

          1) Could you please let me know, what are the documents are required to submit the new petition from the new company -- You will need a copy of the current approval notice.
          2) How much days it will take for USICS to approve the new petition -- 2 to 3 months in regular, 15 days in premium
          3) For me Visa is already stampped and it mentioned in visa that the expiry date as sep 2014. I never travelled also. If i apply new petition in the other company. whether i need to stamp again? -- If you travel before Visa expiry, you can use the same Visa. If after obtain new Visa based on the new petition.
          4) you have mentioned in the response 'if the Visa in your passport is not expired'. Lets take if my visa in my passport is expired, then wat to do. I cant do visa transfer as well if visa expired in my passport? -- See above.


          Regards,
          Suresh
          see above.
          This is my opinion and not legal advice.

          Comment

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