H1 /H1 Transfer Qeury

[cute744]

Hi,

I am from India currently in UK. I got my H1B visa stamping here in UK for company A and which is valid till June 2014. I have few questions on H1 /H1 transfer . Please clarify.

1)Can i fly directly from UK to US with my H1B visa(from company A)? Do i need to come India and from there i have to fly?
2)If i fly from UK, i am assuming extension can be done from US itself after expiration of Current H1b VISA. After getting extension VISA in US, if i wish to travel to India and while return to US, do i need to go for stamping again in India or not required?
3)I am assuming multiple entries to India possible without stamping every time visit to India. Please confirm?
If so, in which cases do i need to go for stamping when i visit to India?


Earliest response highly appreciated.

Many thanks in advance...!

[raghvi]

Hi,

I am from India currently in UK. I got my H1B visa stamping here in UK for company A and which is valid till June 2014. I have few questions on H1 /H1 transfer . Please clarify.

1)Can i fly directly from UK to US with my H1B visa(from company A)? Do i need to come India and from there i have to fly?
2)If i fly from UK, i am assuming extension can be done from US itself after expiration of Current H1b VISA. After getting extension VISA in US, if i wish to travel to India and while return to US, do i need to go for stamping again in India or not required?
3)I am assuming multiple entries to India possible without stamping every time visit to India. Please confirm?
If so, in which cases do i need to go for stamping when i visit to India?


Earliest response highly appreciated.

Many thanks in advance...!

1. You can fly in from UK to US as long as you have a valid US visa. At the Port Of Entry you have to show the valid petition from company A and once in US you can work for company A unless you file a transfer to another company B and get it approved first
2. Yes but when you leave US, in order to re-enter US you will again need a valid visa hence would first need to go for fresh H1 stamping outside US if the existing visa has expired. Visa stamping doesn't happen while in US.
3. One can do multiple exit and entries as long as one has a valid visa and accompanying petition.

This is my opinion not legal advice.

[cute744]

1. You can fly in from UK to US as long as you have a valid US visa. At the Port Of Entry you have to show the valid petition from company A and once in US you can work for company A unless you file a transfer to another company B and get it approved first
2. Yes but when you leave US, in order to re-enter US you will again need a valid visa hence would first need to go for fresh H1 stamping outside US if the existing visa has expired. Visa stamping doesn't happen while in US.
3. One can do multiple exit and entries as long as one has a valid visa and accompanying petition.

This is my opinion not legal advice.

Thanks Raghvi for your response:

Regd pt#2, if my visa extension done with in US, why do need to get fresh visa in order to re-enter US? i am assuming extension visa is still valid.Isn't true?

[raghvi]

Thanks Raghvi for your response:

Regd pt#2, if my visa extension done with in US, why do need to get fresh visa in order to re-enter US? i am assuming extension visa is still valid.Isn't true?

Visa, petition, I-94 and status are different things and each has a expiry date. A valid Petition (I797) allows one to approach the US consulate in a foreign country to seek a visa. Once visa is stamped in ones passport, one takes the visa along with valid work authorization(I129 in most cases) and travels to US. A valid visa allows one to travel to US.

At the Port of Entry in US, another immigration officers validates and questions your entry purpose and accordingly gives an I-94, which determine your tenure and immigrant/nonimmigrant status during that stay in US.

As and when one leaves US one has to return this I-94 at the Exit point. And next time you re enter you get a new I-94. If ones I-94 is expiring while in US one files for extension by filing suitable petition again. This, if approved gets one extended I-94 and extended petition.

As and when you leave US, and if you intend to come back, if you have a valid visa and valid petition you can get a new I-94 at port of Entry. But if you dont have a valid visa you need to first get one at a US consulate abroad.

One doesn't get a new visa while extension is approved in US. One only gets the extension to stay and work.

This is my opinion not legal advice.