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Can I join other employer if stamping is on hold

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  • Can I join other employer if stamping is on hold

    Hi Friends,

    I am planning to go for stamping and afraid that my case would go on Admin Processing and would take months as is happening for others.

    My question is, after attending interview if my case goes on AP or I get 221g can I join other employer who has non-US onsite opportunity for me and once US embassy does all their checks/processing and asks me to submit my PP for H1 visa stamp I will send in my PP. But would it be an issue if they see say UK's Visa on my passport. Would it be an issue if they see other country's visa on my passport and find out that I have joined some other employer?

    I would like to join other employer during the waiting period and get back to US employer once stamping will be done. Please advise.

  • #2
    Not an issue. You can of course join some other employer if your visa application goes into 221g admin processing. You can also apply for visas to another country. Most times when a 221g is issued, then with retain the passport.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the reply....

      What if I go to Canada for stamping...there they have to give it back to me to be able to go back to India?

      Also will it not be a problem if they on my passport that I went to say UK and have been working there and simultaneously applying for H1?

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      • #4
        What if I go to Canada for stamping...there they have to give it back to me to be able to go back to India?
        >>> It doesn't work that way. They can hold your passport at any U.S consulate until the visa gets approved or denied. However, you still have the option of requesting them for the passport stating that you will handover when the admin process gets completed successfully.

        Also will it not be a problem if they on my passport that I went to say UK and have been working there and simultaneously applying for H1?
        >>> Not an issue. Just because you are applying for a U.S visa, it doesn't mean you cannot travel/work in any other country.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          shervin143, I have 11 months left on my H1...what if their consulate admin processing is not finished before my visa expires...how will be the visa extension process? Can I apply for extension from India?

          Comment


          • #6
            One H1B CAP is valid for 6 years and only the time spend in U.S in H1B (+ L1) status counts towards the 6 year period. Your employer can file the petition to recapture the remaining period left in the H1B CAP irrespective of whether you are in U.S or outside U.S. When approved, you can travel to U.S with a valid H1B visa.

            Originally posted by whoami191 View Post
            shervin143, I have 11 months left on my H1...what if their consulate admin processing is not finished before my visa expires...how will be the visa extension process? Can I apply for extension from India?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Hi Shervin143, I have my I140 approved the 6 limit does apply. I work on client-vendor-employer model and my client would not wait for so long until my visa is stamped. So after my current H1 expires and my employer would want to file my extension but might not have client letter. In this case how would the extension work?

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              • #8
                No one can predict. USCIS can issue you a RFE for the client letter. You need to provide at least the SOW between the client and vendor and the SOW between you employer and vendor. If the client is not ready to issue you a client letter, then at least get that in writing and that might help.

                Originally posted by whoami191 View Post
                Hi Shervin143, I have my I140 approved the 6 limit does apply. I work on client-vendor-employer model and my client would not wait for so long until my visa is stamped. So after my current H1 expires and my employer would want to file my extension but might not have client letter. In this case how would the extension work?
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment

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