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  • Change of employer

    Hi All,

    I have the following scenario -

    1. I have an H1 sponsored by 'A' and I decide not to travel to US. Another employer 'B' wants me to travel on H1 - can 'B' use the H1 filed by 'A', can the visa be transferred ? Whats the way out here ?
    2. I have an H1 sponsored by 'A' and I return after working in US for one year. Another employer 'B' wants me to travel on H1, can the visa be transferred ?

    Please advise. Thanks.

  • #2
    Originally posted by saurabh008 View Post
    Hi All,

    I have the following scenario -

    1. I have an H1 sponsored by 'A' and I decide not to travel to US. Another employer 'B' wants me to travel on H1 - can 'B' use the H1 filed by 'A', can the visa be transferred ? Whats the way out here ?
    2. I have an H1 sponsored by 'A' and I return after working in US for one year. Another employer 'B' wants me to travel on H1, can the visa be transferred ?

    Please advise. Thanks.
    Visa and petition are two different things, do you have a petition approved or a visa? Till when is visa valid? Each employer needs their own petition but same visa can be used to travel and work for different employers.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Visa and petition are two different things, do you have a petition approved or a visa? Till when is visa valid? Each employer needs their own petition but same visa can be used to travel and work for different employers.

      This is my opinion not legal advice.
      Thanks raghvi. I mean that I have a visa stamped sponsored by company 'A'. The visa is valid until Oct 2016. Please advise me with the scenarios i mentioned in my original post.

      I am not quite sure what you mean by 'Each employer needs their own petition but same visa can be used to travel and work for different employers'. Please advise. Thanks.

      Comment


      • #4
        Change of employer

        Raghvi has mentioned rightly that you can transfer the approved petition to the new employer and can travel to the US with the old stamped visa on the passport. Yes, you
        Can travel even if you have your old employer name in the visa. New approved petition and old valid Visa are the key.

        This is my opinion.

        Comment


        • #5
          Originally posted by kadkhiq81 View Post
          Raghvi has mentioned rightly that you can transfer the approved petition to the new employer and can travel to the US with the old stamped visa on the passport. Yes, you
          Can travel even if you have your old employer name in the visa. New approved petition and old valid Visa are the key.

          This is my opinion.
          Thanks kadkhiq81. Just to check if I get you correct - if I have a stamped visa from employer 'A' and do not travel on that visa, I can use the same visa to travel and work for employer 'B' provided the petition is transferred from employer 'A' to 'B'; transferring the visa is not the critical step. I assume this applies to the case where-in I travel on visa of employer 'A' return to my home country and then travel for 'B' (on the same visa but transferred petitions). Kindly confirm my understanding.

          Could you also help me with the process for transferring regarding transferring of petition, what if employer 'A' winds-up by the time I decide to have the petition transferred ?

          Also, can there be a scenario where-in I also need to transfer the visa from 'A' to 'B'. Or when I need to file for a new visa from 'B' while the visa from 'A' is still valid. Please advise, thanks a lot.
          Last edited by saurabh008; 03-21-2014, 07:14 AM.

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          • #6
            Change of employer

            Your questions are too much confusing. If you have read though all the answers again, it would clear all your questions.

            Comment

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