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Transfer of H1B Visa which has been extended but not yet stamped

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  • Transfer of H1B Visa which has been extended but not yet stamped

    I have an H1B visa from company A. I have travelled to US in that Visa.While I was in US , I have applied for extension of VISA and got it extended and I have got the I797 also with me. The extended VISA is not stamped in the passport as I was in US when it has been extended. I came back to India now and VISA is not stamped in passport till now. I came to know from friends that I don't need to go for VISA interview for getting the extended VISA stamped in passport since I can use the drop box facility.
    1. Now I want to transfer the H1B to another employer B. For the new H1B, which will be filed by employer B, should I need to attend the VISA interview again or I can send passport to consulate for getting stamped with new VISA without personally appearing for the interview in consulate.
    2. Will there be any issue if Employer A cancels the H1B before Employer B apply for the H1B transfer.
    3. I have got the work permit in 2010 and the current VISA will expire in 6 months(March 2016). Will my Cap-extend continue after 6 years or will it will be over after 6 years from the initiation of work permit. during the 6 year period , I was in US only for 1 year. If company B transfer after the expiry for current H1B, will I Be under cap-extend?

  • #2
    1. Now I want to transfer the H1B to another employer B. For the new H1B, which will be filed by employer B, should I need to attend the VISA interview again or I can send passport to consulate for getting stamped with new VISA without personally appearing for the interview in consulate.
    >>> Check the below link and determine if you are eligible for visa interview waiver.
    https://www.immihelp.com/us-visa-int...-visa-renewal/

    2. Will there be any issue if Employer A cancels the H1B before Employer B apply for the H1B transfer.
    >>> Nope.

    3. I have got the work permit in 2010 and the current VISA will expire in 6 months(March 2016). Will my Cap-extend continue after 6 years or will it will be over after 6 years from the initiation of work permit. during the 6 year period , I was in US only for 1 year. If company B transfer after the expiry for current H1B, will I Be under cap-extend?
    >>> One H1B CAP is valid for 6 years. If you transfer before that 6 year period, then you are considered CAP exempt irrespective of whether the previous employer has revoked the petition or not.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin for your reply.

      1. Now I want to transfer the H1B to another employer B. For the new H1B, which will be filed by employer B, should I need to attend the VISA interview again or I can send passport to consulate for getting stamped with new VISA without personally appearing for the interview in consulate.
      >>> Check the below link and determine if you are eligible for visa interview waiver.
      https://www.immihelp.com/us-visa-int...-visa-renewal/

      Q > I am satisfying all conditions in the link in section 'You would like to renew your VISA and all of the below conditions are applicable:' other than
      * Applicant has valid passport and is in possession of previous visa
      My questions are
      1. regarding section , Will my case come under renew since company B applying for H1 Transfer ?
      2. regarding condition ,will i satisfy the condition? I have valid passport which does not have H1B any stamping. My previous passport has my previous VISA stamped.Extended VISA is not stamped in old or new passport.now company B is going to apply an H1 transfer.

      Comment


      • #4
        If you current have a valid passport and if the previous visa in the passport (even if it is stamped in the expired passport) is currently valid or expired within the last 12 months, then you can answer YES to that question. The question nowhere says that the visa need to be in the current non-expired passport. Change in employer is no longer a restriction for interview waiver program.

        Originally posted by shijuthomas View Post
        Thanks Shervin for your reply.

        1. Now I want to transfer the H1B to another employer B. For the new H1B, which will be filed by employer B, should I need to attend the VISA interview again or I can send passport to consulate for getting stamped with new VISA without personally appearing for the interview in consulate.
        >>> Check the below link and determine if you are eligible for visa interview waiver.
        https://www.immihelp.com/us-visa-int...-visa-renewal/

        Q > I am satisfying all conditions in the link in section 'You would like to renew your VISA and all of the below conditions are applicable:' other than
        * Applicant has valid passport and is in possession of previous visa
        My questions are
        1. regarding section , Will my case come under renew since company B applying for H1 Transfer ?
        2. regarding condition ,will i satisfy the condition? I have valid passport which does not have H1B any stamping. My previous passport has my previous VISA stamped.Extended VISA is not stamped in old or new passport.now company B is going to apply an H1 transfer.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          If you current have a valid passport and if the previous visa in the passport (even if it is stamped in the expired passport) is currently valid or expired within the last 12 months, then you can answer YES to that question. The question nowhere says that the visa need to be in the current non-expired passport. Change in employer is no longer a restriction for interview waiver program.
          My new passport has no VISA stamped in it. Old passport has the VISA stamped but the VISA expiry date is 30 Jul 2013. After this I got a new VISA , valid till 19 Mar 2016, but it has never been stamped since it was issued when in was in US and it was not stamped after I came back to India. In this case will I have to attend interview ?

          Comment


          • #6
            Originally posted by shijuthomas View Post
            My new passport has no VISA stamped in it. Old passport has the VISA stamped but the VISA expiry date is 30 Jul 2013. After this I got a new VISA , valid till 19 Mar 2016, but it has never been stamped since it was issued when in was in US and it was not stamped after I came back to India. In this case will I have to attend interview ?
            What do you mean you got a visa but it was not stamped? What you got was approved petition, visa and petition are two different things. Yes, you would have to attend the interview as visa in passport expired more than 12 months back.

            This is my opinion not legal advice.

            Comment

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