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Validity of H1 Visa when leaving the sponsored company and joining European MNC

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  • raghvi
    replied
    Originally posted by amalenduroy View Post
    1. My visa is for 3 years sponsored by an USA Company and my posting is at Pune and since I did not get Project I did not go
    to USA and visa was not stamped. Visa Validity is 2015-2018

    2. Now If I join an European MNC ( Who do not require H1B visa) what will be the fate of my H1B Visa.?
    3. Can I use this visa after 1/2 years when I will join an USA MNC who will accept H1B Visa.
    Visa, petition, and cap exemption are three different things.

    Once cap counted(H1 petition approved), one can choose to remain cap exempt for 6 Years from the Cap year. So in your case you can stay cap exempt till 2021, which in turn means that your future employer who wants to use your skill set in US need not apply in fresh cap till then. But that does not mean that they would not have to petition for you. What they will need to apply is a cap exempt petition.

    You cannot use the same visa beyond 2018, you would need a new visa, but that visa can be got by using the approved cap exempt petition that your employer would be filing at that time.

    This is my opinion not legal advice.

    Leave a comment:


  • Validity of H1 Visa when leaving the sponsored company and joining European MNC

    1. My visa is for 3 years sponsored by an USA Company and my posting is at Pune and since I did not get Project I did not go
    to USA and visa was not stamped. Visa Validity is 2015-2018

    2. Now If I join an European MNC ( Who do not require H1B visa) what will be the fate of my H1B Visa.?
    3. Can I use this visa after 1/2 years when I will join an USA MNC who will accept H1B Visa.

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