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  • H1B Transfer from India and Travel

    Hello Everybody,

    It is really heartening to see many people actively responding to all issued faced by individuals. Thanks a ton to all of you for sharing the knowledge.

    I have a query regarding my H1B visa transfer. I was employed with Company A and during the course of employment with them they filed for a H1B petition for me. It was approved in Oct 2010 and the approval was given for 2 years until Oct 2012. I got the Visa stamping done with the validity until the end date of the approved petition. I traveled to US and worked for Company A for about 8 Months before i returned back to India.

    I continued to work for company A for some more time after i returned and later quit them. I joined Company B and they filed for a H1B transfer and this was also approved after a RFE on the transfer petition. My Company's attorney suggested that since my existing Visa has Company A mentioned on it, i would need to appear for a fresh visa stamping for traveling to US on Company B's work. Visa on my passport with Company A is still valid until October 2012. I went for visa stamping and got into the 221g tangle. I was asked to provide a few more documents which i did and have been waiting for the response from the consulate.

    Can someone respond to these questions

    1. Was the attorney correct in in the first place in advising stamping to travel to US on Company B's work even though i had a valid visa?

    2. I have read that we can use an existing visa though on a different employer's name to travel and work for current employer as long as the transfer is approved by USCIS. Is my understanding correct?

    3. If i can make use of existing visa to travel,should i have to withdraw my current case with the consulate for stamping that i made. My Passport is still with the consulate. What are my options to get my passport back?

    4. What do they ask at the POE if i decide to travel with the existing visa. Any chances of deportation because of the delay in the current Visa processing and would they know about my visit to the consulate

    It would be extremely helpful if someone can respond.

    Thanks

  • #2
    1. Was the attorney correct in in the first place in advising stamping to travel to US on Company B's work even though i had a valid visa?
    >>> No. You are allowed to travel with any existing valid H1B visa in the passport along with the new employer's approval notice.

    2. I have read that we can use an existing visa though on a different employer's name to travel and work for current employer as long as the transfer is approved by USCIS. Is my understanding correct?
    >>> That is correct. See the above answer.

    3. If i can make use of existing visa to travel,should i have to withdraw my current case with the consulate for stamping that i made. My Passport is still with the consulate. What are my options to get my passport back?
    >>> You can get the passport back by writing a letter to the consulate. But the first thing they would have done is cancel the previous work visas in the passport before deciding whether to issue or reject any new visa. Getting the passport back will not help in your case.

    4. What do they ask at the POE if i decide to travel with the existing visa. Any chances of deportation because of the delay in the current Visa processing and would they know about my visit to the consulate
    >>> Delay in getting the visa will not have impact at the POE. As long as you have a valid H1B visa, valid passport and valid H1B petition and if the job really exist, then you are all good.
    Not a legal advice. Use of this information is strictly at your own risk.

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