Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Got H1B but stuck in India - Please help me with your suggestion

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Got H1B but stuck in India - Please help me with your suggestion

    Hi Friends,
    Please help me out with your suggestion. I got my H1B stamped this week. My consultant doesnt seem to be capable enough in fetching me proper opportunities and hence I would like to transfer my H1. Please note that mine is a fresh h1b and I have never been to USA.

    I have the following queries now.

    1. Now I do not have any US payslips in hand as I have never been there. is it possible to transfer my Visa to a new employers name and then land in USA? or can i just get an approval from a new employer and fly?

    2. Or alternatively, can I land in USA at my new employers location and then start my Visa processing. Please let me know the best way. I just want to be able to start working asap once I land in USA.

    3. Is there any way that my old employer can get to know that I am filing another petition ?

    4. when does a person go out of status? when his H1B stamp on his passport gets expired or when his I797 approval expires???

    5. I have read people saying that their employer have revoked their H1B. What does that mean? I believe an employer can revoke their H1B approval alone. The Visa thats stamped on the passport still remains current right?
    In case my employer revokes my H1B even before I land in USA, can I get approval from a new employer and still fly. Will I have a problem at the POE then??

    I know its too many questions. But I have gone through many threads in this forum on H1B transfer and still have not got clear idea on this issue. I would be really grateful if you could reply. Thanks in advance.


    Regards
    Shakti

  • #2
    H1 and Visa

    Please help me out with your suggestion. I got my H1B stamped this week. My consultant doesnt seem to be capable enough in fetching me proper opportunities and hence I would like to transfer my H1. Please note that mine is a fresh h1b and I have never been to USA.

    I have the following queries now.

    1. Now I do not have any US payslips in hand as I have never been there. is it possible to transfer my Visa to a new employers name and then land in USA? or can i just get an approval from a new employer and fly?

    ---- Yes, you can transfer to a new employer in the US if you have an approved and valid H1. You need to get in touch with a good attorney to get this done

    2. Or alternatively, can I land in USA at my new employers location and then start my Visa processing. Please let me know the best way. I just want to be able to start working asap once I land in USA.

    ---- You can do that, but you may be without a job for a few months till the H1 is transferred and your new employer finds a suitable assignment

    3. Is there any way that my old employer can get to know that I am filing another petition ?

    ---- They may not be able to know till you tell them

    4. when does a person go out of status? when his H1B stamp on his passport gets expired or when his I797 approval expires???

    ---- Why do you need this now. You are on teh verge of transfer and coming to US. Is your H1 Visa expiring shortly

    5. I have read people saying that their employer have revoked their H1B. What does that mean? I believe an employer can revoke their H1B approval alone. The Visa thats stamped on the passport still remains current right?
    In case my employer revokes my H1B even before I land in USA, can I get approval from a new employer and still fly. Will I have a problem at the POE then??

    ---- Yes, once the H1B approval is revoked, the H1 Visa automatically stands cancelled and it is not valid. It is updated on the computer system of the USCIS and goes without saying that the US Consulates wil have access to this information

    I know its too many questions. But I have gone through many threads in this forum on H1B transfer and still have not got clear idea on this issue. I would be really grateful if you could reply. Thanks in advance.

    ---- All these queries have been responded and answered time and again by any number of people. If you have not probed properly, it is your lack of approach and understanding

    Subramanya

    Comment


    • #3
      Thank you Subramanya

      Thank you so much Subramanya. I got my Visa just 3 days ago and I am under pressure to make a decision as to whether or not I should join my current consultancy. I am still in India. If I do not join them within a specified period, they might revoke my H1B. It is in this backgound that I was getting so anxious.

      One question was left unanswered or perhaps I did not understand. Could you please help me out.

      In case my employer revokes my H1B even before I land in USA, can I get approval from a new employer (as I have already been counted against this years quota) and fly to USA. Is getting a new approval alone sufficient or should I get a new stamping too in India.

      Thanks lot in advance.
      Last edited by shakti1; 12-30-2007, 01:41 PM.

      Comment


      • #4
        H1 issues

        Thank you so much Subramanya. I got my Visa just 3 days ago and I am under pressure to make a decision as to whether or not I should join my current consultancy. I am still in India. If I do not join them within a specified period, they might revoke my H1B. It is in this backgound that I was getting so anxious.

        One question was left unanswered or perhaps I did not understand. Could you please help me out.

        In case my employer revokes my H1B even before I land in USA, can I get approval from a new employer (as I have already been counted against this years quota) and fly to USA. Is getting a new approval alone sufficient or should I get a new stamping too in India.

        ---- There is no such thing as an approval from a new employer. You have to apply for a transfer of your H1 in order to work for the enw employer. After that if you are in Indai and applying for a transfer, you have to seek a H1 Visa once again on the new employer's name as the old Visa stands cancelled due to the H1 revocation by the old employer

        ---- The transfer will not be under a new quota, but will only be an extension of your existing H1 and that may take some time (3-4 months). Even premium processing may take time as you are applying for a transfer from India

        Subramanya

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X