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H1 Transfer Issue. need Urgent help plzz

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  • H1 Transfer Issue. need Urgent help plzz

    Hi,

    I have few queries regarding my H1 transfer issue.
    I am working for leading india IT company A and I came to US on their H1B.
    My H1B is going to expire on Oct 15 2006.
    I recently applied for H1 transfer to local company B and got my approval papers.

    Now due to some circumstances I need to continue with first company A till Dec 2006 and I have to resign after going back to India in Jan 2007.
    So company is filing for premium H1 extension and sending me to Canada for H1 stamping in Oct 2006.

    Now my doubt is
    1. Can I come back from India in Jan 2007 to USA after resigning from first company A, on H1 of Company B without again going for stamping.
    2. If company A cancels my H1 after my resignation, is it possible to know that.
    3. If company A cancels my H1 after my resignation, Can I come back to USA on Hi of company B.

    Senior members of this Forum and members already faced same kind of stuation, Please guide me.

    Thanks in Advance

    Rgds,
    Sirisha.

  • #2
    Originally posted by Sirisha123
    Hi,

    I have few queries regarding my H1 transfer issue.
    I am working for leading india IT company A and I came to US on their H1B.
    My H1B is going to expire on Oct 15 2006.
    I recently applied for H1 transfer to local company B and got my approval papers.

    Now due to some circumstances I need to continue with first company A till Dec 2006 and I have to resign after going back to India in Jan 2007.
    So company is filing for premium H1 extension and sending me to Canada for H1 stamping in Oct 2006.

    Now my doubt is
    1. Can I come back from India in Jan 2007 to USA after resigning from first company A, on H1 of Company B without again going for stamping.
    2. If company A cancels my H1 after my resignation, is it possible to know that.
    3. If company A cancels my H1 after my resignation, Can I come back to USA on Hi of company B.

    Senior members of this Forum and members already faced same kind of stuation, Please guide me.

    Thanks in Advance

    Rgds,
    Sirisha.

    There are a few things you need to understand. Once your H1 B is transfered, rights on you would be legally with your new employer. But, there are few things here:
    Before coming to US, you would have signed on some of the documents with the previous company. You need to fulfil them. Otherwise there is a possibility of he filing a case against you. Make sure that you are not in any legal binding with him.
    Answers to your questions:
    1. Yes you can. Because you have a valid VISA stamping (of your 2nd employer). But you need to have all documents of this new employer.
    2. You should be LEAST BOTHERED about it. Forget what he does.
    3. By now it should have been clear. YES YOU CAN.

    Comment


    • #3
      Hi Kiran,

      Thanks for quick resp.
      Actually I think I haven't put it properly.

      Now I am working for company A H1B which is going to expire on Oct 15 2006.
      Recently company B applied for H1 transfer and got got approval papers.
      Still I am with company A only.

      Now company A is applying for H1B extension next week and they want to send me to Canada for stamping. I need to continue with company A till Dec 2006.

      I am going to India in december 2006 and there I will resign Company A whose H1 wiill be stamped at Canada by that time.

      After that I want to come back to US and work for Company B.

      1. Can I go for H1 extension through Company A though my H1 transferred to Company B??

      2. When I am coming back to US do I need to go for Comany B H1 stamping if Company A cancels my H1.??

      Thanks for ur patience.

      Awaiting ur reply.

      Best Rgds,
      Sirisha.

      Comment

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