URGENT: H1 Transfer

[ryank]

Hi All,

This is very URGENT. I got my H1B through company A stamped in Oct 2009 in Chennai (India) and the Visa is valid till Sep 2012. I could not travel to US due to project going on hold and continued working in India with a different company B. Now the company B wants to send me to US on H1B and for this, got the original visa transferred in their name. I'vethe new I797 in company B name.

Since I still have the original H1B from company A valid till Sep 2012, do I need to again attend the H1 interview at US embassy for the company B with new I-797? I'm currently in India and never traveled to US on H1B.

Also my wife & kid have H4. Do they also need to transfer H4 OR can they travel on the original H4?

Pls help ASAP.

Thanks.

[shervin143]

No need. You can use the existing H1B visa with the new petition. Read the FAQs in immihelp or search for related posts.

[ryank]

Many Thanks Shervin.

So I and family (wife & kid) can travel to US with the original Visa and this new I797, right? Original company has the name of Company A written on the Visa. That should not be a problem, right?

[mlpathir]

You can travel with whatever H1B visa stamp in your passport but at port of entry you have show the new I797

[shervin143]

That is correct. It is not a problem.

Many Thanks Shervin.

So I and family (wife & kid) can travel to US with the original Visa and this new I797, right? Original company has the name of Company A written on the Visa. That should not be a problem, right?

[ryank]

Hi Shervin,

My current company B is saying that I get the new Visa in the company's name before travel. To what extent they are right?

I checked on the VFS site for a new visa in the same H1 class when I already have a valid H1, I site gives a warning that if we've a valid visa in the same class but still coming for interview for a new visa, the VO will take a note of any fact misrepresentation. My question is, since I did not travel on the existing valid H1 earlier and now attending interview for a new H1, will I face difficulties in terms of questions VO will ask about not traveling earlier and will there be a negative remark against me?

Unlike my company, I still think Im good for travel to US with the old valid visa.

Pls help.

[shervin143]

Like mentioned earlier, you don't need a new H1B visa just because you changed the employer. Your old H1B visa with a valid passport and new approval notice form your current employer (+ other required documents @ POE) will work.

If you had to go for the visa stamping, then it is not an issue. You can still do that to get a new visa stamped with the current company's name. It is not a crime to NOT travel to U.S after getting a visa.