H1B Query

[dvaishnav]

Hi,

I have valid H1B from Company A. Now I have resigned from Company A. Appreciate your inputs on below points, I found the answers at different places with different comments, so got confused and might be asking the same questions again.

First of all I have never travelled to US from Company A i.e. I have never used the Visa.

1. Can I change my employer in my Home Country and will the H1B still remains valid?
2. Can I apply directly to the US employer and use the same H1B ?
3. If I change my employer, do they have to file a fresh petition and do I have to get fresh stamping?
4. Is there any possibility Employer A can revoke or cancel the H1B stamping they have done?
5. Is there any official link which describes the rules of H1B?
6. I read somewhere that I need to transfer the Visa to get new I-797, So long the process will take?

Thanks in advance for your input on this.

Regards,
DVaishnav

[Nattybone]

Hi,

I have valid H1B from Company A. Now I have resigned from Company A. Appreciate your inputs on below points, I found the answers at different places with different comments, so got confused and might be asking the same questions again.

First of all I have never travelled to US from Company A i.e. I have never used the Visa.

1. Can I change my employer in my Home Country and will the H1B still remains valid?
2. Can I apply directly to the US employer and use the same H1B ?
3. If I change my employer, do they have to file a fresh petition and do I have to get fresh stamping?
4. Is there any possibility Employer A can revoke or cancel the H1B stamping they have done?
5. Is there any official link which describes the rules of H1B?
6. I read somewhere that I need to transfer the Visa to get new I-797, So long the process will take?

Thanks in advance for your input on this.

Regards,
DVaishnav

Hello, DVaishnav.

Here are some of my thoughts, i hope you find them helpful:

1. Can I change my employer in my Home Country and will the H1B still remains valid? Yes. You can find a new employer and have him file a fresh petition for you.
2. Can I apply directly to the US employer and use the same H1B ? Yes. You can apply to any employer in the US, but they will have to file a petition for you. The visa is in your name in the system. One employer can revoke / cancel, another one can sponsor by filing a petition for you. The visa belong to you.
3. If I change my employer, do they have to file a fresh petition and do I have to get fresh stamping? If your current stamp on the passport has valid dates then you can travel on the existing stamp but fresh I797 will be needed, nonetheless.
4. Is there any possibility Employer A can revoke or cancel the H1B stamping they have done? An employer can revoke / cancel their sponsorship. But, the visa stays in the system in your name. You find a new employer and make him file a fresh petition.
5. Is there any official link which describes the rules of H1B? Best thing would be, to compile a list of questions and engage any Immigration attorney for a half an hour chat. That will be the best return on your investment. They charge like 100$ an hour. You could find many attorneys if you search on google. Read the reviews about them online before engaging. Shah Peerally, i have heard is decent in California. There are many attorneys.
6. I read somewhere that I need to transfer the Visa to get new I-797, So long the process will take? Whoever files I797 petition for you is becoming your visa sponsor. The employer, in order to sponsor / file for your visa, will file a petition for you and you will resultantly get a new I797 with the new employer details.

I hope this helps. I am assuming you went for the H1B visa interview at a consulate in India and that you have a valid visa stamp on your passport.

Wishing you luck.

Cheers,

[dvaishnav]

H1B Queries

Thanks for providing the inputs on my queries. Yes I went to consulate and have valid visa stamp on my passport.

Just few more query

How long the process will take to get a new I-797 from other employer?
Will applying for a fresh I-797, comes under any Quota?

Regards,
DVaishnav

Hello, DVaishnav.

Here are some of my thoughts, i hope you find them helpful:

1. Can I change my employer in my Home Country and will the H1B still remains valid? Yes. You can find a new employer and have him file a fresh petition for you.
2. Can I apply directly to the US employer and use the same H1B ? Yes. You can apply to any employer in the US, but they will have to file a petition for you. The visa is in your name in the system. One employer can revoke / cancel, another one can sponsor by filing a petition for you. The visa belong to you.
3. If I change my employer, do they have to file a fresh petition and do I have to get fresh stamping? If your current stamp on the passport has valid dates then you can travel on the existing stamp but fresh I797 will be needed, nonetheless.
4. Is there any possibility Employer A can revoke or cancel the H1B stamping they have done? An employer can revoke / cancel their sponsorship. But, the visa stays in the system in your name. You find a new employer and make him file a fresh petition.
5. Is there any official link which describes the rules of H1B? Best thing would be, to compile a list of questions and engage any Immigration attorney for a half an hour chat. That will be the best return on your investment. They charge like 100$ an hour. You could find many attorneys if you search on google. Read the reviews about them online before engaging. Shah Peerally, i have heard is decent in California. There are many attorneys.
6. I read somewhere that I need to transfer the Visa to get new I-797, So long the process will take? Whoever files I797 petition for you is becoming your visa sponsor. The employer, in order to sponsor / file for your visa, will file a petition for you and you will resultantly get a new I797 with the new employer details.

I hope this helps. I am assuming you went for the H1B visa interview at a consulate in India and that you have a valid visa stamp on your passport.

Wishing you luck.

Cheers,

[Nattybone]

Thanks for providing the inputs on my queries. Yes I went to consulate and have valid visa stamp on my passport.

Just few more query

How long the process will take to get a new I-797 from other employer?
Will applying for a fresh I-797, comes under any Quota?

Regards,
DVaishnav

Hello, DVaishnav.

Under Premium Processing, you could get the new I-797 in about 5 weeks. Under regular processing, it could take months. Anybody's guess.

I did not understand 'Quota'. You will be cap-exempt, if that was your question.

I hope this helps.

Wishing you luck.

Cheers,