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  • H1 b issue

    I have few questions.I have H1 visa approved in 2006 and I worked in USA for 6 months and then came to india after few months i asked my employer to send necessary documents for H1 stamping,they are now not willing to send the documents for stamping.Meanwhile i have joined one IT company in India and working from past 4 months.This indian company is nowplanning to send me to usa on B1 visa.
    So my questions are,Can I transfer my H1 using my previous approval I have I-797 with me without stamping it,after going to usa on B1?
    Or can i stamp H1 in india without other documents like I129 and LCA???
    Or any other alternative to get my I-129 from INS.Please advice.
    Thanks,

  • #2
    You can transfer the H1 while outside the US to a different company. Entering on B1/b2 with an intenstion of changing status to H1b within 90 days is not taken well by USCIS. It is possible but not recommended in the future interest.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Can I transfer in india using my approval without stamping it?

      Comment


      • #4
        Originally posted by sunl
        Can I transfer in india using my approval without stamping it?
        Yes you can since you have the I-797 copy (proof that you were counted in the cap once in the past).

        You should apply for a "transfer" (a new petition not subject to cap) first. Get the I-797 (new employer) in India. Get an H1 stamp. Enter on H1 to join the new employer.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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        • #5
          Does it require H1 stamping ?? or without also i can do transfer,please give some more inputs to go about it.Since my employer (india) says H1 tranfer can't be done in india,has to be in usa.
          Please advice

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          • #6
            Originally posted by sunl
            Does it require H1 stamping ??
            NO NO NO.

            Your employer in India is not a lawyer. All you need is a proof that you were counted and you said that you had the I-797 with you. It's not a transfer (transfer is a term used when you are in the U.S.). Your case is a new petition NOT subject to cap and can be file ANY TIME.

            Read FAQs on immiehlp rather than asking/making sure same questions.
            Check out H1 FAQs first!
            http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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            • #7
              Thank you very much and sorry about it.
              you replies really gave me hopes.Thanks a lot again

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              • #8
                one more query,I went to usa on H4 and got h1 approved in 2006.I went through some threads ,they say H1 can be transfered if u have valid H1 status that means should have valid H1 stamping in the passport?
                Or with approval notice and not having previous h1 stamping i can transfer?
                Im my passport i have only H4 stamping which got expired in usa .

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                • #9
                  Transfer is a term that is uses loosely. You can switch to H1b even without a stamp on the PP. It is nothing but a new H1b that is not subject to the cap.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                  Comment


                  • #10
                    Typically on the forums, "transfer" is used to mean that one can begin work as soon as employer petition is received by USCIS office rather than waiting for employee to receive approval notice; this only applies when the employee is in status and physically present in the US.

                    What is needed is a unique term for "new petition not subject to cap" which is something that can be done when the employee is either in US or another country. The employee cannot begin work - or enter the country - until authorization with new I-94 is in hand. This is very often seen when someone is in the US on H4 and wants to return to H1B or someone in their home country wishing to change employers. (If someone has a good term for this concept, it would simplify the discussions greatly )

                    The key is the timing of the employee's ability to start work.

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