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  • Please advice H1 Issue

    I had a query regarding H1B visa which is issued in Apr 2010 but stamping for which has not happened till date. Stamping can only happen in Oct 2010.

    Background:
    Indian National, was in the United states for 3 ½ years (Nov ‘06 – May ’10) on an L1B visa. This visa was renewed in Oct 2009 and is now valid till Oct 2011. Because I cannot renew my L1 any further then Oct 2011 (5 years completed), my company had applied for my H1B visa in the cycle of Apr 2010. My application for H1B was approved and I received the Petition in May2010. I was supposed to get this H1B visa stamped in Oct 2010 so that I could extend my stay in the US till Oct 2012 which is one extra year than what I could stay on L1B.

    Because of some change in events, I had to get a transfer with the same company and re-locate to India. Based on the above details following are my questions:-

    1. I have the H1B petition with me. For getting the H1B visa stamped from the US embassy in India, do I need to have some documentation from my company? Or can I get the stamping done on my own based on the petition papers.

    2. From India, can I get this H1B transferred to some other employer in the US? If yes, then can I do that only after Oct 2010 when I get to stamp my H1B or can I do it before that date. My H1 petition is valid from Apr 2010 – Oct 2012.

    3. If I were to switch jobs in India, would I lose the H1B visa for a later date? If I quit in Aug 2010 and move to some other local Indian company, then say in Nov 2010 I get an offer from a company in US, will my current H1B be available for transfer. Or would I lose the visa once I quit my company.

    Any clarifications and responses to my issues would be highly appreciated.
    Thanks for reading.
    Nido.

  • #2
    1. Yes you need docs from company. After all your company sponsored your H1. https://www.immihelp.com/h1-visa-stamping-documents/
    2. Yes, you can do it. Find another employer and process H1 again. You can do it any time.
    3. Yes, your H1 visa is valid until its expiry date. You need approved H1 petition to work for that employer though.

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