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H1 Transfer and Visa Stamping

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  • H1 Transfer and Visa Stamping

    Hi,

    I'm on H1B and have been working with my current employer for the last 4 months. My visa expires this Oct and have already applied for extension.

    I'm planning to change my employer after I get the extension also I have a plan to visit India early next year, in this case;

    1. When I go to India early next year, I should get my visa stamped (as my current one expires this Oct), Will I have a prob during the visa stamping reg the employer switch? Like a question on why I switched from company A to B in just 6 or 8 months?

    2. What should be the best approach I should follow, get the stamping first and then do the H1 transfer

    Thanks.

  • #2
    1. When I go to India early next year, I should get my visa stamped (as my current one expires this Oct), Will I have a prob during the visa stamping reg the employer switch? Like a question on why I switched from company A to B in just 6 or 8 months?
    >>> No such questions will be asked. Even if asked, just let them know the reason why you switched. There isn't any rule that forces you to stay with your employer.

    2. What should be the best approach I should follow, get the stamping first and then do the H1 transfer
    >>> It doesn't matter at all. Successful H1B stamping is also based on your employer. If your current or new employer is a reputed U.S employer, then go with their petition and documents to increase the chances of stamping successfully.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      H1 Transfer and Visa Stamping

      Originally posted by shervin143 View Post
      1. When I go to India early next year, I should get my visa stamped (as my current one expires this Oct), Will I have a prob during the visa stamping reg the employer switch? Like a question on why I switched from company A to B in just 6 or 8 months?
      >>> No such questions will be asked. Even if asked, just let them know the reason why you switched. There isn't any rule that forces you to stay with your employer.

      2. What should be the best approach I should follow, get the stamping first and then do the H1 transfer
      >>> It doesn't matter at all. Successful H1B stamping is also based on your employer. If your current or new employer is a reputed U.S employer, then go with their petition and documents to increase the chances of stamping successfully.

      Thanks for your response.
      One more question: If i have a valid visa with my com A and have my I-797 with com B, should i go for visa stamping if i go to india?

      Comment


      • #4
        You don't have to.
        This is my opinion and not legal advice.

        Comment


        • #5
          Thanks Kabkaba.

          Originally posted by kabkaba View Post
          You don't have to.
          I heard that this was not mandatory till 2010, but now it is required to go to stamping as your current visa with com A becomes void when you do your H1 transfer and during the POE, you will be asked to go back and get the stamping with the new company docs.
          How far is this true?

          Comment


          • #6
            Originally posted by vijay_king View Post
            I heard that this was not mandatory till 2010, but now it is required to go to stamping as your current visa with com A becomes void when you do your H1 transfer and during the POE, you will be asked to go back and get the stamping with the new company docs.
            How far is this true?
            Not true
            This is my opinion and not legal advice.

            Comment

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