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h1 Transfer Case

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  • h1 Transfer Case

    Please help me out from the present situation:
    Situation is :
    My friend is in India with valid h1 status thru company A-He was in USA for 3 Months more than a year ago.

    He now wants to transfer his h1 from India itself.He has two consultant interested in doing so.

    But Attorney of one says re stamping is required as he is in India And the other says with the new approval he can directly fly n at POE show the new I797 and get a new I94.

    Wanted to know which one is legally correct and safer , also if you can give pointers regarding the same.

  • #2
    Though transfer is possible, but approval will not come with I 94, so it is necessary to get H1 visa stamped before entering US for new sponser.
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    Originally posted by princeanand82
    Please help me out from the present situation:
    Situation is :
    My friend is in India with valid h1 status thru company A-He was in USA for 3 Months more than a year ago.

    He now wants to transfer his h1 from India itself.He has two consultant interested in doing so.

    But Attorney of one says re stamping is required as he is in India And the other says with the new approval he can directly fly n at POE show the new I797 and get a new I94.

    Wanted to know which one is legally correct and safer , also if you can give pointers regarding the same.

    Comment


    • #3
      Thanks.
      So will it be like a new h1 under old quote and the visa can be rejected, as I think it is not a proper transfer.
      Please correct me if i am wrong.

      Comment


      • #4
        Yes, your assumptions are correct.


        Originally posted by princeanand82
        Thanks.
        So will it be like a new h1 under old quote and the visa can be rejected, as I think it is not a proper transfer.
        Please correct me if i am wrong.

        Comment


        • #5
          thanks so much.. but one last doubt..
          If the new visa gets rejected that means the previous h1 is still is valid and he can still fly on that h1
          I assume that previous visa is not cancelled in that case as it is still in status(He is still working for the same company)
          Please confirm.

          Comment


          • #6
            Please confirm.

            Comment

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