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H1B petition by US branch while Visa holder is in Home country

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  • H1B petition by US branch while Visa holder is in Home country

    Hi Experts,

    I have H1B Visa stamped and I am currently in India. It's valid till Feb'14.

    Wanted to know if it's possible for me to travel to USA and apply for job there directly ?

    I've been already to USA with my current employer who had also applied for my current petition too.
    They don't have requirement for me role at onshore anymore. So, thought of quitting here.

    Regards,
    Raman

  • #2
    Originally posted by Ramandeep Singh View Post
    Hi Experts,

    I have H1B Visa stamped and I am currently in India. It's valid till Feb'14.

    Wanted to know if it's possible for me to travel to USA and apply for job there directly ?

    I've been already to USA with my current employer who had also applied for my current petition too.
    They don't have requirement for me role at onshore anymore. So, thought of quitting here.

    Regards,
    Raman
    No you cant use the current H1 to travel to US to search for jobs there. You have to show I129 and I797 petition at POE. If you show the current employer's petition it will not be valid as you would have quit.

    Better port your H1 to another employer first and with the new employer's approved petition you can travel to US.

    Post Feb 2014 you will have to get a new stamping done.

    This is my opinion not legal advice.

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