H1 visa transfer

[mathewto]

Hi,

I am currently in US and my visa is valid till Sep end. My extension has already been approved. But chances are high that I will have to leave back to India in a months time as my company is cutting down onshore seats.

My query is once I'm back in India, even if my extension gets approved (ie even if I have a valid work permit) my company might not let me get my visa stamped as there might not be any new onshore opportunities. Can I quit my company and join some other firm in India and use the work permit for my new employer and get visa stamped for them if they have onshore opportunity?

Thanks
Matt

[kadkhiq81]

H1 visa transfer

My suggestion is to transfer it to another employer in premium mode. You can go for stamping when you go back to India if your visa got expired otherwise, you can use your existing visa stamped on your passport.

In this way, you don't have to leave the country.

[mathewto]

My suggestion is to transfer it to another employer in premium mode. You can go for stamping when you go back to India if your visa got expired otherwise, you can use your existing visa stamped on your passport.

In this way, you don't have to leave the country.

Thanks for the prompt reply.. Well there was a mistake in my actual query. My extension has only been filed. So approval from consulate might take another couple of months i believe.

But my fear is if my current employer will ask me to go back to offshore very soon (like even within a week). In that case the extension petition will get approved only while I'm in India and my current firm definitely wont send me for stamping as they wont be having many onsite opportunities. So then can i move to another firm in India stating that I have a valid work permit and then get my new visa stamped for my new employer?

tks in advance!!

[raghvi]

Thanks for the prompt reply.. Well there was a mistake in my actual query. My extension has only been filed. So approval from consulate might take another couple of months i believe.

But my fear is if my current employer will ask me to go back to offshore very soon (like even within a week). In that case the extension petition will get approved only while I'm in India and my current firm definitely wont send me for stamping as they wont be having many onsite opportunities. So then can i move to another firm in India stating that I have a valid work permit and then get my new visa stamped for my new employer?

tks in advance!!

Yes you can as long as you havent utilized the full 6 Years of h1. You would need the h1 approval notice in order to get a smooth transfer done.

This is my opinion not legal advice.

[kadkhiq81]

H1 visa transfer

Raghvi,

Quick question, Can he transfer the petition to another employer in premium mode while the extension is under processing?? Is that possible to do so?? Thanks

[raghvi]

Raghvi,

Quick question, Can he transfer the petition to another employer in premium mode while the extension is under processing?? Is that possible to do so?? Thanks

One should preferably have only one petition at a time with USCIS. be it ext, transfer, or COS. but real life isnt always that easy.

transfer during extension iin premium is advisable if the I 94 hasn't already expired or is not expiring in near future . And one should avoid working merely on the basis of transfer receipt. Many file for extension at last moment and while the ext is in progress, but I94 expired or about to expire, they try to do a transfer and go to the extent of working with new employer just on the basis of the receipt. One should avoid this, because if the transfer is denied one goes out of status. Also if ext is denied then too one goes out of status. To avoid all this complications it's best to have one petition at a time.

This is my opinion not legal advice.

[kadkhiq81]

H1 visa transfer

Thank you very much Raghvi,

If his I 94 did not expire and if it has 90 days more, If his h1 transfer get approved in premium mode, would he get new I 94? If yes, Does he need to go for stamping again when he go back to India?? Thank you..

[kadkhiq81]

H1 visa transfer

BTW, I did not mean to hijack his post, just thought it might be useful. But for sure, my questions are getting answered related to this post..

[raghvi]

BTW, I did not mean to hijack his post, just thought it might be useful. But for sure, my questions are getting answered related to this post..

Yes if approved and filed correctly the person should get a new I94. Technically One needs to go for stamping only when the visa has expired and one wants to enter US.

If ones visa is valid, one can surely use it to travel by carrying the latest employee's petition and employment letter and supporting documentation.

Off late immigration officer are giving I94 only till visa expiry in passport even if one has A valid petition beyond that date. In case that happens one would have to file an extension after entering US as per I 94 date.

This is my opinion not legal advice.

[kadkhiq81]

H1 visa transfer

Thank you once again,

But..just to confirm, If néw I 94 (based on extension approved petition) valid for next 2 years however the visa stamped on passport expire in next 90 days, My question is that, Do we need to go for stamping after 90 days if you leave out of country even though we have valid I 94 for next two years? Please direct us Raghvi!!

[kadkhiq81]

H1 visa transfer

Raghvi,

Could you please respond?

[raghvi]

Thank you once again,

But..just to confirm, If néw I 94 (based on extension approved petition) valid for next 2 years however the visa stamped on passport expire in next 90 days, My question is that, Do we need to go for stamping after 90 days if you leave out of country even though we have valid I 94 for next two years? Please direct us Raghvi!!

Yes you would need to get a new visa.

Valid I94 only allows you to stay in US it doesnt allow you to freely leave and re enter US. . When one is leaving US one has to hand over all I94 in ones possession. In order to renter US you would need a valid visa, if your visa has expired you would need to go for fresh stamping.

This is my opinion not legal advice.

[kadkhiq81]

H1 visa transfer

Thank you very much Raghvi!!