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  • H1 Transfer while stamping pending

    Hi All,

    is it possible to transfer H1 to another employer while stamping is pending under 221(g) ?

    Thanks in advance.

  • #2
    Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin.

      Comment


      • #4
        Originally posted by shervin143 View Post
        Yes.
        did you mean before H1 get rejected we can transfer it to other employers?
        Last edited by Honeq; 05-12-2011, 02:04 AM.

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        • #5
          Transfer is nothing but a new H1B under the same CAP. With that said, you can file the transfer anytime. When the visa is pending under 221g or after rejection.

          Originally posted by Honeq View Post
          did you mean before Visa get rejected we can transfer our H1B?
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Questions about DS-160

            Hi All,

            I have my new H1 approved with new employer and will be going for an interview soon. i have few doubts about DS-160 information.

            1. what should i answer for "has your visa been cancelled or revoked ?" ( my previous petition is with USCIS under review and possible revocation.)

            2. in DS-160 what should i mention as present employer, should i mention new employer or the old employer whose petition is under pending status ? ( I am still working for my old employer remotely and will be going for stamping for new employer)

            3. Do i need to get any documents from my employer whose petition is under pending status ? (i.e. experience letter )

            I really appreciate it if you can provide some inputs.
            Thanks in advance.

            Comment


            • #7
              1. what should i answer for "has your visa been cancelled or revoked ?" ( my previous petition is with USCIS under review and possible revocation.)
              >>> 221g is considered rejection unless the visa gets approved later. Until then, you need to mention it as rejection in DS160.

              2. in DS-160 what should i mention as present employer, should i mention new employer or the old employer whose petition is under pending status ? ( I am still working for my old employer remotely and will be going for stamping for new employer)
              >>> You should mention whichever employer you are currently working for. You can work for the H1B sponsor only upon receiving the visa and the VO would know that.

              3. Do i need to get any documents from my employer whose petition is under pending status ? (i.e. experience letter )
              >>> If you can get the experience letter with your roles and responsibilities, that would be helpful.
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment

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