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Do I have to go to stamping again after H1 transfer!!

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  • Do I have to go to stamping again after H1 transfer!!

    Please help me
    -My current status is H1B and going to India(have to go for 3 to 4 weeks) for stamping
    -I am soon applying for H1 transfer to a different company.

    -What is my best option

    1.Shall I hold the H1 transfer till I come back to US after Visa stamping?

    2.What is the consequence if I start H1 transfer before coming back from India

    3.Do I have to go to stamping again after H1 transfer approved?

    Thanks

  • #2
    1.Shall I hold the H1 transfer till I come back to US after Visa stamping?
    >>> Advisable to file the transfer after returning back. If you leave the country when the transfer is pending, then the H1B might get approved for consular process and you cannot work for that employer unless you exit the country and return back on employer B's petition.

    Or you can file the transfer before you leave, then wait for the result of the transfer. If the transfer is successful, enter back on employer B's petition and start working for them.


    2.What is the consequence if I start H1 transfer before coming back from India
    >>> Read the above answer.

    3.Do I have to go to stamping again after H1 transfer approved?
    >>> Not required. If you are inside U.S, you can stay and work for the new employer of the transfer comes with a new I-94. If not, then exist the country and return back with the approved petition and a valid visa. If you already have a valid visa from the previous employer, you can use that to re-enter.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks a lot

      Thanks a lot for the answer,
      -Do I have to go to stamping after transfer approved and i started working with the second employer and later If i have to exit the country? or can i use the previous employers VISA to re enter the country along with this new approved h1b.

      Comment


      • #4
        Read the previous answer one more time. I have clearly mentioned that you can use the valid H1B visa from the previous employer with the new employer's petition to enter U.S.

        Originally posted by manoharm View Post
        Thanks a lot for the answer,
        -Do I have to go to stamping after transfer approved and i started working with the second employer and later If i have to exit the country? or can i use the previous employers VISA to re enter the country along with this new approved h1b.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks a lot you did me a great favor

          Comment

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