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H1 Transfer after I-797A approval but out of US before status Kicks-In

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  • H1 Transfer after I-797A approval but out of US before status Kicks-In

    Hi,
    I received H1B approval from my consultant and that's on I-797A which is Change of Status along with I-94.
    I did request my consultant that I will be back in India so he should not apply for COS. But then anyways now I have my I-797A.
    Here is the situation:
    1) I am in India right now (left US in June 2008 when on L1) and have L1 for CompanyA
    2) I have a valid multiple entry B1 Visa
    3) I have the I-797A H1B approval with COS for CompanyB

    Now my question is:-
    1) Do I need to go for visa stamping since I am out of US? In that case do I have to apply I-824, since now I will be going for stamping?
    2) If I don't go for stamping can I travel on L1 for CompanyA when I travel next time to US ? (considering the COS I-797A approval)
    3) Can I transfer my H1B approval on I-797A to CompanyC after 1st Oct 2008 keeping in mind the above situation?

    Kindly advise as I will have to travel to US in Dec'08 and I am not sure what to do.

    Thanks in Advance.

    Day

  • #2
    1. Yes, if you want to enter on H1b.
    2. yes
    3. yes, possible. Need not even wait till Oct 1. You need to prove that you have an approved cap count number to USCIS by providing a copy of the I797 with the new petition.

    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
      Thank You Very Much

      Thank You very much for your reply.
      Appreciate all the informtion that you provide.

      Regards,

      Day

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