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need expert's advice URGENTLY

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  • need expert's advice URGENTLY

    Hi,
    I got H1B stamped in June 2007 from an 'Employer A' in India.
    I did not travel to US even once.
    As my 'Employer A' could not find the job for me in US due to recesssion, I joined 'Employer B' in India. Now my new 'Employer B' wants to send me to US for 2 months visit only.
    Can they (Emp. B) use my H1B to send me ? I have I797 of my 'employer A'. I am planning to join 'Employer A' back after 3 or 4 months .
    Now i have the confusion whether my 'Employer B' can send me using my H1B?
    (Note: I was informed by travel department in 'employer B' that i can use the same H1b for 2 months, if nothing is mentioned in "annotation" column in H1B. Of course Annotatin column is empty on my visa, I stopped them applying for B1 as i want to use my H1b through my 'employer A' anyway)
    Could anyone give me clear idea?

  • #2
    Your new employer B ...

    ... can and will have to file for your H1B or transfer the one from your previous one to theirs.

    You cannot just use another company's H1B visa to work for a different company.

    However, if you already have a H1B stamped on your passport, you do not need a new stamp if the previous one is valid. You do need the original new petition from your new employer.

    Check out H1B fact at immihelp.com

    Comment


    • #3
      (H1b already stamped in my passport)
      how to get the new petition from 'employer B'.. ?
      can i get it instantly or do i have to wait for few months as if someone applying for new H1b in 2009?..

      Comment


      • #4
        Employer B ...

        ... has to file for a transfer of your H1B to their company.

        Comment


        • #5
          ok thanks for replies..

          As i did not visit US even once, can i file for transfer?

          Comment


          • #6
            You should be ...

            ...

            Comment


            • #7
              If B wants to send you for a short visit, why dont you apply for B1 visa. But remember, working on B1 visa is illegal., apply for it only if the nature of your visit qualifies for B1. Help yourself to information readily available.

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              • #8
                Employer A sounds like he may be a good employer as he correctly does not recommend that you enter the US when he has no position for you. If he cannot place you, the likelihood of another employer placing you is diminished.

                Check it out some more. If employer A is a known employer and continues to show that he follows US law, stick with him.

                Comment


                • #9
                  I agree with C4US ...

                  ... not too many good employers one sees these days.

                  Comment

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