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Can somebody come on h1b for different company ?

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  • Can somebody come on h1b for different company ?

    Hi,

    May be title was not descriptive, I will describe it here.
    I have a friend in India. His H1b is picked and approved/stamped one month back. He is with a big MNC. Now onsite manager is delaying his travel to US, saying that as of now we do not have requirement and you have to wait. He is working for same project in India also, for which he will come and work here.
    Is it mandatory to come on H1B on same company's petition at first time or he is having option to change company/consultant while in India ? Is there any way out for him, if his delay extends further ?
    Suggestions please.

    Regards

  • #2
    Originally posted by abhisheks77 View Post
    Hi,

    May be title was not descriptive, I will describe it here.
    I have a friend in India. His H1b is picked and approved/stamped one month back. He is with a big MNC. Now onsite manager is delaying his travel to US, saying that as of now we do not have requirement and you have to wait. He is working for same project in India also, for which he will come and work here.
    Is it mandatory to come on H1B on same company's petition at first time or he is having option to change company/consultant while in India ? Is there any way out for him, if his delay extends further ?
    Suggestions please.

    Regards
    No its not mandatory, another employer can file for a cap exempt h1 for him, and once the new employer's petition is approved he can use that and existing visa to travel.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      No its not mandatory, another employer can file for a cap exempt h1 for him, and once the new employer's petition is approved he can use that and existing visa to travel.

      This is my opinion not legal advice.
      http://forum.******.com/index.php?/t...on-from-uscis/
      I was looking at above link, it seems transfer to another employer is only possible once the person has started working for the original H1 employer. Am I understanding it correctly or may be I confused ?

      Comment

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