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  • Please Help in clarification of H1 Transfer

    Hi,
    I came to US in July working for a Company x. Now i got a job in Comapny y and they have filed for transfer of my H1B. I will be getting my EAC number soon. Now I havent quit my job yet in Company X. So my Visa status with the Company X is still vaild. My questions are:

    1.) Is it possible for me to travel to India and come back while having valid status with Company X and while the transfer process still going on?

    2.) What if i get my approval for new employer in the mean while? Is there any chance of getting my transfer process getting affected because of this?

    3.) If i get my approval while i am in India, can i quit Company X and come to US with stamping i got earlier and the new petition from new employer?

    Thanks to every one in advance. Please help me in this regard.

  • #2
    H1 Issues

    I came to US in July working for a Company x. Now i got a job in Comapny y and they have filed for transfer of my H1B. I will be getting my EAC number soon. Now I havent quit my job yet in Company X. So my Visa status with the Company X is still vaild. My questions are:

    1.) Is it possible for me to travel to India and come back while having valid status with Company X and while the transfer process still going on?

    ---- Yes, it is possible to travel overseas. However, it is not advisable. If USCIS raises a query you should be able to attend to it immediately.

    2.) What if i get my approval for new employer in the mean while? Is there any chance of getting my transfer process getting affected because of this?

    ---- If they come to know about travel (as you will surrender your I-94) at the POD) they may not issue a I-94 with your H1 approval notice

    3.) If i get my approval while i am in India, can i quit Company X and come to US with stamping i got earlier and the new petition from new employer?

    ---- Yes, you can come to US with an unexpired Visa from a previous company. If you have to join the new employer you have to show the new H1 approval notice to get a fresh I-94 valid for the period of the new H1. Else, your I-94 will only be valid till the expiry date of the previous H1 and you will only be permitted to work for that company

    ---- If you can wait till you get the H1 approval notice then that is the better option

    Subramanya

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    • #3
      Thank you so much Subramanya..Your reply was really helpful.

      Since i told the same to my new emplyer they have speedened up the process by upgrading it to premium.

      1.) As per company y, I will be getting new H1 notice by another 10 days starting today. If thats the case even if i leave country on 25th and not able to get the petition while in US (In Extreme case), they said they can post the new approval form to India so that i can carry it along with me while my return on old existing visa which is valid till 2008. Is this some thing possible?

      2.) After i get my new approval, can i quit the company X in India it self and join company Y? And still come with existing old visa? (Some people say i have to go for stamping again since the employer is changed and some say not required) Really confusing.. I heard one donnt have to go for restamping according to new rules and I just have to carry new petition with my existing visa (Old) which is valid.....Can you please clarify? Thanks in Advance.

      Comment


      • #4
        H1 and Travel

        Thank you so much Subramanya..Your reply was really helpful.

        Since i told the same to my new emplyer they have speedened up the process by upgrading it to premium.

        1.) As per company y, I will be getting new H1 notice by another 10 days starting today. If thats the case even if i leave country on 25th and not able to get the petition while in US (In Extreme case), they said they can post the new approval form to India so that i can carry it along with me while my return on old existing visa which is valid till 2008. Is this some thing possible?

        ---- Ensure that you get the entire I-797 in hand including the I-94 at the bottom. At the POE let the Immigration Officer know that you had submitted the old I-94 to the airline officials while leaving the country.

        2.) After i get my new approval, can i quit the company X in India it self and join company Y? And still come with existing old visa? (Some people say i have to go for stamping again since the employer is changed and some say not required) Really confusing.. I heard one donnt have to go for restamping according to new rules and I just have to carry new petition with my existing visa (Old) which is valid.....Can you please clarify?

        ---- Yes, you can. At the POE show the new I-797 and get a fresh I-94

        Subramanya

        Comment


        • #5
          Hi Subramanya,

          Need your prompt help again. As planned i got my new I797 along with new I94 from USCIS. Currently i am in India and I know when we leave US we need to surrender the I94 and leave. Now since USCIS was not aware of the fact that i left the country they sent a new I 94 along with my petition. Now when i enter the country back how should i handle this situation? Usually fresh I94 will be issued on my entry. Now since i already have new I94.... will this cause any problem? Please advise.

          Thanks in Advance

          Comment


          • #6
            Need your prompt help again. As planned i got my new I797 along with new I94 from USCIS. Currently i am in India and I know when we leave US we need to surrender the I94 and leave. Now since USCIS was not aware of the fact that i left the country they sent a new I 94 along with my petition. Now when i enter the country back how should i handle this situation? Usually fresh I94 will be issued on my entry. Now since i already have new I94.... will this cause any problem? Please advise.


            ---- After reaching US post all the old I-94s to the USCIS office address as given on the USCIS website. That way they can tie up all ends in your case and the file will be updated (how much this takes is pure guess work, for which you do not have to worry)

            Subramanya

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