H1 visa stamping required before transfer? Plz Help!!!

[nishabhat]

Hi Friends,

I really need some visa advise!!
I am on H4 right now and am thinking of getting my H1B done through a consultant as the visa quota for this yr is ending fast.
Now, I have some relations with them so they have agreed to let me go just after the visa is approved and look for a job of my choice.

Now, my concern is; when I get a job of my choice and I want to do a H1 transfer.. is it necessary that the current H1 needs to be stamped on my passport? As this H1 is through a consultant.. i am not comfortable to get it stamped as it might get rejected at the consulate in India..

Also if the first H1 through the consultant gets rejected,is it going to affect my future applications for H1? Do I have to go through quota again if first H1 is rejected??

Please advise!!

Thanks,
Nisha..

[shervin143]

I am on H4 right now and am thinking of getting my H1B done through a consultant as the visa quota for this yr is ending fast. Now, I have some relations with them so they have agreed to let me go just after the visa is approved and look for a job of my choice.
>>> Once the H1B gets approved as a COS, you need to be working for the employer and get paid to maintain the H1B status. Otherwise you will go out of status on H1B and a transfer or a change of status is not possible. And being out of status will affect your future petitions and visa stamping. If you have no intention of working for the current employer, then ask them to file the H1B for consular process and not as a COS. That way you will remain to be in H4 status. Whenever you find a job with another employer, they can file a COS from H4 to H1B using the CAP from the approved H1B petition and request an immediate start date.

Now, my concern is; when I get a job of my choice and I want to do a H1 transfer.. is it necessary that the current H1 needs to be stamped on my passport? As this H1 is through a consultant.. i am not comfortable to get it stamped as it might get rejected at the consulate in India..
>>> Visa is only an entry document to U.S. If the H1B gets approved as a COS (the approval will come with a new I-94), then you can start working without getting the visa stamped and re-entering in H1B visa since your status will change to H1B as of the effective date mentioned in the approval notice. Once you are in H1B status, you can transfer it to any employer as long as you are maintaining the status by working and getting paid.

Also if the first H1 through the consultant gets rejected,is it going to affect my future applications for H1?
>>> Rejection of one visa will not impact another as long as the reason for rejection is not fraud, criminal background etc.

Do I have to go through quota again if first H1 is rejected??
>>> No. You will be already CAP counted. You can use the CAP from the approved petition to file a new one.