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H1b stamping - after company change in India.

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  • H1b stamping - after company change in India.

    Dear members,

    I work for an IT company in India. My H1B petition was approved on november 2013 with validity until 31 december 2015 and I have the approved petition letter with me. I have been waiting since november 2013 but due to various factors my company is not bothered to get my visa stamped as well as I'm not getting any onsite opportunity.

    Now, I want to switch the company and I have the below listed questions :

    1. Can my new company get my visa stamped for which the petition is already approved for me. If yes then what are the steps, does my old company's involvement required during the visa stamping process by the new company ?
    2. Can I myself get the visa stamped without involving my current organization ? If yes then what documents are required with me as I only have the approved petition letter with me.
    3.If my current company gets my visa stamped and still there is no opportunity. then can the stamping be used by the new company or the new company has to go with some process of transfer and re-stamping of the visa.

    Thanks for all your help and looking for a quick response.

    Regards,
    Mukesh

  • #2
    Originally posted by mukesh.py View Post
    Dear members,

    I work for an IT company in India. My H1B petition was approved on november 2013 with validity until 31 december 2015 and I have the approved petition letter with me. I have been waiting since november 2013 but due to various factors my company is not bothered to get my visa stamped as well as I'm not getting any onsite opportunity.

    Now, I want to switch the company and I have the below listed questions :

    1. Can my new company get my visa stamped for which the petition is already approved for me. If yes then what are the steps, does my old company's involvement required during the visa stamping process by the new company ?
    2. Can I myself get the visa stamped without involving my current organization ? If yes then what documents are required with me as I only have the approved petition letter with me.
    3.If my current company gets my visa stamped and still there is no opportunity. then can the stamping be used by the new company or the new company has to go with some process of transfer and re-stamping of the visa.

    Thanks for all your help and looking for a quick response.

    Regards,
    Mukesh
    Petition and visa are different things.

    1. The new company would have to file their own petition. The new company's petition would be cap exempt one as you have already been cap counted last Year. Once the new company's petition is approved you would take the new I797 to schedule the interview and go for stamping.
    2. No you cannot without an actual job opportunity in hand. The VO may ask you for the client letter and then it will be a problem.
    3. In this case you need not go for fresh stamping. As explained in point 1 the new company's petition once approved would be used. You can use existing visa but new company's new I797 to travel. I would nonetheless advise to get yourself re stamped with new company visa.

    This is my opinion not legal advice.

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