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Has valid H1B visa

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  • Has valid H1B visa

    Hi

    Iam working in a MNC since 3.5 years in India. I got H1B visa stamped last year and valid till september 2011 but my company is not offering me onsite. I want to resign my company and want travel by myself to USA on this visa. Is there any problem in immigration counter there in USA. If there is no problem in immigration, can i transfer my H1 visa to other employers in USA.

    Need suggestion on this. Any kind of advise is appreciated.

  • #2
    You cannot travel to U.S in an H1B visa without a job. You will need to show the employment verification letter and other project related document at the POE. Alternatively, you can find another employer and transfer the H1B to them and travel to U.S with their approval notice and documents using the existing visa.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      I do have project related documentation which i carried for stamping last year with me like I 797, LCA, tax return documents, client letter but they are dated 2008.

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      • #4
        You will need the latest employment authorization letter, the information about the client that you will be working for in U.S, the nature of the project, the location where you will be working, your reporting manager etc. The immigration officer may even call your reporting manager (from your invitation letter / employment authorization letter) to confirm your employment. You just can't travel to U.S without the employer's knowledge. You need to be working in a project and get paid from day one on H1B (In U.S). If not, you will go out of status and will invite issues that will spoil your future visa stamping, extensions etc. Also, you cannot do an H1B transfer to any other employer without the pay slips when you are already in U.S (You need to be in valid H1B status to transfer your H1B to any other employer).

        Check this
        https://www.immihelp.com/h1-visa-hol...ponsibilities/
        Last edited by shervin143; 12-30-2009, 04:22 AM.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Thanks for your advise sherwin, I have one more query

          My husband also has H1 visa stamped in 2007 and valid till september 2010 filed by employer from NJ, he worked in US till Nov 2008 and in december 2008 he came back to India and since then he is staying in India for some personal reasons, now he wants to go back to USA. As he is India more than a year, Is there any problem at immigration. please suggest me on this.

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          • #6
            No problem if he has still got the job and the employer hasn't revoked the petition. If he was working for a consulting firm, then he will need to carry the latest employment verification letter (also the client letter if possible) along with the other H1B related documents and project related documents.
            Not a legal advice. Use of this information is strictly at your own risk.

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