H1 transfer while in India - Visa stamped but no paystubs yet

[vamseebvenkat]

Scenario: I went to the US in 2008 June on L1-B visa with a company A and worked with them till Oct 2012 (for 4 years and 4 months excluding vacation). In 2012, I have filed H1 petition (L1 to H1 transfer) through company B which was approved and I started working with them from Nov 2012 (till Jan 2013 for 3 months). I came to India for vacation in Feb 2013 where I had to attend visa stamping. I got a query with them. As it didn't get resolved even after months, I had another company C transfer my H1 to them and got visa stamped with company C which is valid till Oct 2014. Now, company has not been marketing due to some internal management issues. I dont have paystubs with company C as I am in India. But I have paystubs with B.

Questions:
1. Can I transfer my H1 to another company (say D) while in India without any pay stubs from C (which holds my current H1 and got my visa stamped through them)
2. If I can transfer, do I need to get my visa stamped again (my current visa with C is valid till Oct 2014)?
3. I have 1.5 years left on my current H1 limit (out of 6 years of H1 limit). As I have been in India from Feb 2013, if I stay here till Jan 2014, will I regain 6 years of H1? If so, will my current visa be still valid?

Thanks for your advice.

[raghvi]

Scenario: I went to the US in 2008 June on L1-B visa with a company A and worked with them till Oct 2012 (for 4 years and 4 months excluding vacation). In 2012, I have filed H1 petition (L1 to H1 transfer) through company B which was approved and I started working with them from Nov 2012 (till Jan 2013 for 3 months). I came to India for vacation in Feb 2013 where I had to attend visa stamping. I got a query with them. As it didn't get resolved even after months, I had another company C transfer my H1 to them and got visa stamped with company C which is valid till Oct 2014. Now, company has not been marketing due to some internal management issues. I dont have paystubs with company C as I am in India. But I have paystubs with B.

Questions:
1. Can I transfer my H1 to another company (say D) while in India without any pay stubs from C (which holds my current H1 and got my visa stamped through them)
2. If I can transfer, do I need to get my visa stamped again (my current visa with C is valid till Oct 2014)?
3. I have 1.5 years left on my current H1 limit (out of 6 years of H1 limit). As I have been in India from Feb 2013, if I stay here till Jan 2014, will I regain 6 years of H1? If so, will my current visa be still valid?

Thanks for your advice.

1. Yes. As you are in India, and never worked for C in US, you dont need paystubs from C to prove your status with them.
2. No need. You would need approved I797 for company D and can use existing visa to travel to US.
3. Even if you stay in India till Jan 2014 your clock will reset only if you file another H1 after completion of the 1 Year period. If you use an older H1 your clock wouldnt reset. In order to get fresh 6 Years H1, you need to file H1 in April 2014 quota and that H1 can only start from Oct 2014.

This is my opinion not legal advice.

[dreams2013]

Re H1B transfer while in India - Visa stamped but petition got revoked

1. Yes. As you are in India, and never worked for C in US, you dont need paystubs from C to prove your status with them.
2. No need. You would need approved I797 for company D and can use existing visa to travel to US.
3. Even if you stay in India till Jan 2014 your clock will reset only if you file another H1 after completion of the 1 Year period. If you use an older H1 your clock wouldnt reset. In order to get fresh 6 Years H1, you need to file H1 in April 2014 quota and that H1 can only start from Oct 2014.

This is my opinion not legal advice.

Hi Raghvi,

I have a similar situation. I came to India in April 2013 for a vacation and went for stamping on May 19th. I got 221g but it got cleared and my visa got approved on June 12 2013 valid till Jan 2015. Meanwhile, my employer revoked my H1 petition (perhaps as my stay in India was getting delayed).I tried to contact them many times but dint get any response.

My question is -
1) Can I apply for H1 transfer with a new employer with existing H1B even though the petition got revoked?

2) If the transfer gets approved can I travel to US with existing stamp?

Please let me know at the earliest.

Thanks,
ar

[Sandeepa Garlapati]

Hi I have a similar question like the below one by user name "dreams2013".
My case: I was working on H1B in the USA after my F1. I came to India in Nov 2012, went for visa stamping and got it approved in Jan 2013. At the same time, my H1B petition with the company A got revoked as I was laid off due to company A's work force reduction. Now, after almost 2 years (precisely after 1 year 7 months), company B filed H1B petition and got approved for period Jun 2014 till May 2017. My passport has visa stamp with the company A and valid until Sept 2014. My passport expires on Feb 23, 2015.

My questions are:
1. Can I travel with my old H1B visa (that was with company A) and new I797 documents and offer letter? If no, what are the steps I need to follow?
2. As my passport is valid only until Feb 23, 2015 and visa stamp until Sept 2014, is it going to be a problem at the port of entry?
3. Based on my scenario, how long will I get my I-94 for?
4. Will it be a problem that my old H1B petition linked with my visa stamp was already revoked, and also that I do not have pay stubs since Jan 2013?

It will be very kind of you if you could answer the questions as soon as possible, as my company B wants to be present in the USA immediately, or it may jeopardize my job.

Thanks a lot in advance,
Sandeepa

Hi Raghvi,

I have a similar situation. I came to India in April 2013 for a vacation and went for stamping on May 19th. I got 221g but it got cleared and my visa got approved on June 12 2013 valid till Jan 2015. Meanwhile, my employer revoked my H1 petition (perhaps as my stay in India was getting delayed).I tried to contact them many times but dint get any response.

My question is -
1) Can I apply for H1 transfer with a new employer with existing H1B even though the petition got revoked?

2) If the transfer gets approved can I travel to US with existing stamp?

Please let me know at the earliest.

Thanks,
ar