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Urgent help required: H1 Visa validity

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  • Urgent help required: H1 Visa validity

    I have been to US on a H1 Visa from my present employer, now I am back to India but my Visa is still valid.
    Is it possible for me to switch to a new employer in US on the same H1 Visa from India itself.

  • #2
    there is no real thing as transfer what the transfer really involves is the ability to apply for a new H1 for a person who has already been counted against the H1 cap once. So your new company should be able to file for a new H1 based on your old H1. But since you are not maintaining the status at the moment you will have to wait for approval before you can work on that H1. If you were alreday in Us on H1 then you could have started working for the new employer upon receipt(this is called transfer)

    if the stamp will be still valid at the time of your entry then you will not need to get a new stamp but can enter using the old stamp and new approval to get the correct date on I-94.