Appearing for visa stamping while still employed with previous employer.

[mchguy]

Hello,

I work for a leading IT consulting company (Compay A) in India. My client (Company B) is ready to offer me a job in the US. While I am employed with Company A, can I have Company B process my H1 and can I go for a visa stamping? (So, I can quit Company A and join Company B only when my visa stamping is through)?

Please advise.

Thank you
MCHGUY

[Nattybone]

Hello, MCHGuy.

This is the standard way people working outside USA get H1Bs.

E.g.: I work in Microsoft in India. I get an offer from Google to work in California. Now, i will quite naturally go for a visa interview for future employment with Google in USA while at present being in India.

Yes. You may resign Company A only when you have visa approved for Company B.

I hope this helps.

Wishing you luck.

Cheers,

Hello,

I work for a leading IT consulting company (Compay A) in India. My client (Company B) is ready to offer me a job in the US. While I am employed with Company A, can I have Company B process my H1 and can I go for a visa stamping? (So, I can quit Company A and join Company B only when my visa stamping is through)?

Please advise.

Thank you
MCHGUY

[mchguy]

Thanks NattyBone.

But, in general, while applying for H1B visas we are supposed to provide pay stubs to prove that we work for the company, correct?

Hello, MCHGuy.

This is the standard way people working outside USA get H1Bs.

E.g.: I work in Microsoft in India. I get an offer from Google to work in California. Now, i will quite naturally go for a visa interview for future employment with Google in USA while at present being in India.

Yes. You may resign Company A only when you have visa approved for Company B.

I hope this helps.

Wishing you luck.

Cheers,

[Nattybone]

Hello, MchGuy.

When transferring H1B from Company A to Company B, one is required to furnish pay stubs.

For a fresh H1B, there is document verification conducted for qualification etc.

I hope this helps.

Wishing you luck.

Cheers,

Thanks NattyBone.

But, in general, while applying for H1B visas we are supposed to provide pay stubs to prove that we work for the company, correct?

[mchguy]

Hello, MchGuy.

When transferring H1B from Company A to Company B, one is required to furnish pay stubs.

For a fresh H1B, there is document verification conducted for qualification etc.

I hope this helps.

Wishing you luck.

Cheers,

Thanks NattyBone. I HAD an H1 with Company A. I also have an approved 140 with Company A. At this time, Company A is is planning to initiate a new H1 not subject to cap. If I get this approved and stamped, how would my job switch to Company B impacted in terms of visa transfer and stamping while I am in India? In that situation, it would more likely be an H1 transfer, correct? (or) Not so, because I am not in the US?

Please provide your inputs and thank you for your time.

[Nattybone]

Hello, MchGuy.

If i understand correctly, your old employer is reviving/recapturing your H1B. You plan to get the visa stamped for employer A and intend to switch to employer B once in USA.

See, as you already have the H1B (assuming 6 years not fully utilized), yours is not a fresh petition. It is either a recapture (if old employer), or transfer (if a new employer) - both scenarios are cap-exempt (assuming you had valid H1B status for sometime within the last 6 years).

Now, assuming you enter USA on employer A's H1B. You are free to file a transfer petition with employer B if B is willing to sponsor you. 3 months pay stubs and other employment documents are required.

If your query was that you change jobs in India while the visa process takes place. I do not think that will impact your visa process much. Yes, the Visa Officer will ask you where you work and what do you do. But, developments in India as such do not have a bearing on your H1B visa process in USA.

Your query was not very clear, i tried addressing scenarios i could think of.

I hope this helps.

Wishing you luck.

Cheers,

Thanks NattyBone. I HAD an H1 with Company A. I also have an approved 140 with Company A. At this time, Company A is is planning to initiate a new H1 not subject to cap. If I get this approved and stamped, how would my job switch to Company B impacted in terms of visa transfer and stamping while I am in India? In that situation, it would more likely be an H1 transfer, correct? (or) Not so, because I am not in the US?

Please provide your inputs and thank you for your time.

[mchguy]

Hello Nattybone,

I am sorry my query was not clear.


This is my current situation.

I am employed with Company A in India. Company A has my approved 140. I spent 8 years in the US on H1 via Company A working for Client B. Now I am back in India working for Company A. Company A is now filing a new H1 not subject to cap, which I should get it approved and stamped by the end of this year.

Also, client B is projecting an opening for my role full time sometime early next year and they are ready to sponsor my visa. By the time they start my visa processing, I will have a new H1 from Company A. At this juncture, can I go for a stamping for H1 for Client B in India and then quit my job at Company A and travel to the US for Client B?

Thank you
MchGuy

Hello, MchGuy.

If i understand correctly, your old employer is reviving/recapturing your H1B. You plan to get the visa stamped for employer A and intend to switch to employer B once in USA.

See, as you already have the H1B (assuming 6 years not fully utilized), yours is not a fresh petition. It is either a recapture (if old employer), or transfer (if a new employer) - both scenarios are cap-exempt (assuming you had valid H1B status for sometime within the last 6 years).

Now, assuming you enter USA on employer A's H1B. You are free to file a transfer petition with employer B if B is willing to sponsor you. 3 months pay stubs and other employment documents are required.

If your query was that you change jobs in India while the visa process takes place. I do not think that will impact your visa process much. Yes, the Visa Officer will ask you where you work and what do you do. But, developments in India as such do not have a bearing on your H1B visa process in USA.

Your query was not very clear, i tried addressing scenarios i could think of.

I hope this helps.

Wishing you luck.

Cheers,

[Nattybone]

Hello, MchGuy.

I am not aware of how H1B transfer happens when I-140 (Labour approval) is involved. I am sorry about not being able to help on this matter. You might want to post a fresh query mentioning Labour approved transfer etc.

Wishing you luck. Sorry, again.

Cheers,

Hello Nattybone,

I am sorry my query was not clear.


This is my current situation.

I am employed with Company A in India. Company A has my approved 140. I spent 8 years in the US on H1 via Company A working for Client B. Now I am back in India working for Company A. Company A is now filing a new H1 not subject to cap, which I should get it approved and stamped by the end of this year.

Also, client B is projecting an opening for my role full time sometime early next year and they are ready to sponsor my visa. By the time they start my visa processing, I will have a new H1 from Company A. At this juncture, can I go for a stamping for H1 for Client B in India and then quit my job at Company A and travel to the US for Client B?

Thank you
MchGuy