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  • H1B Visa Amendment

    Hi,
    How would the Visa Amendment to Consulting work? Right now, one of the companies have applied my H1 Visa stating the job would be for an in house project.
    However, once the visa is approved, I will be working as consultant to a different client immediately. What should be done in this case?
    1. Should the visa be immediately amended from in house project to "Consulting"?
    2. Can I start working immediately with client or should I wait until the amended visa comes in?
    3. How long does this amendment visa take?
    4. On a different note, is it legal to transfer the visa immediately to a new company?

    Any help would be appreciated.
    thanks
    Kumar

  • #2
    Have you read https://www.immihelp.com/h1b-petition-amendment/ ?
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Hi Immihelp,
      The article was helpful. Yes. An amended visa will be needed in my case. However, the article did not explain if the amended visa is required before starting my new consulting work.

      Can I work with the client on current visa and parallely apply for amendment? Also, what about visa transfer to a totally different company without paystubs? is that possible?
      Please advise,
      Thanks
      Kumar

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      • #4
        Answers below.

        Originally posted by kumarpras View Post
        Hi Immihelp,
        The article was helpful. Yes. An amended visa will be needed in my case. However, the article did not explain if the amended visa is required before starting my new consulting work. Can I work with the client on current visa and parallely apply for amendment?
        >>> You need to get the petition amended. Not the visa. Yes, the amendment need to be filed before you start working at the new location.

        Also, what about visa transfer to a totally different company without paystubs? is that possible?
        >>> It depends on where you are now. If you are in U.S, then you need to prove that you are maintaining the H1B status and that requires paystubs. If you are outside U.S and you haven't worked for this employer yet, then you can transfer the H1B to a different company without the paystubs.

        Please advise,
        Thanks
        Kumar
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Thanks Shervin.
          I am in US with H4 visa status now. As soon as I get my H1, will it be okay to transfer it to a different company without any paystubs?
          Please let me know. I appreciate all your help with this.
          Kumar

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          • #6
            Possible if you do it immediately upon receiving the H1B petition. If you wait, then you need to prove that you were on valid H1B status (Pay slips is the one that proves that you were on status).
            Not a legal advice. Use of this information is strictly at your own risk.

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