Applying H1B Visa from India

[mani_usa]

Hello Gurus,

I have been working in a small tech company A in india for past 5 years. I have dreams of going to US and work there and
learn the work culture and earn money.

My company A has few clients in US also.

I had applied for Jobs directly in US and got a Company B in US who are filling my H1B visa this year.
But again Company B is not a big company and has few projects only but its US based company.
Also i have got offer letter from Company B and i can work with them from October provided i get visa.

Currently i am in india working for Company A.

Below are my queries -

1. If my visa is selected in lottery, should i resign from company A or wait till my visa gets stamped as
my joining date in company B is in October only?
2. As i am still working in company A, do i need to show any documents other than offer letter from company B
when i go for visa Stamping in India.
3.If my visa gets selected in lottery which is filed by company B and i get petition approved, can i ask my Company A to transfer it on
there name and send me to US?
4. Should i wait for visa stamping in india and once stamping is done can i ask my company A only to send me to US
although H1B is filed by company B.

Looking your advise with this regards as i am not keen to leave my company A but i also want to go to US.

I am just having offer letter from company B, do i need any other documents from company B before going for Stamping in India.

Many Thanks,
Mani M

[raghvi]

Hello Gurus,

I have been working in a small tech company A in india for past 5 years. I have dreams of going to US and work there and
learn the work culture and earn money.

My company A has few clients in US also.

I had applied for Jobs directly in US and got a Company B in US who are filling my H1B visa this year.
But again Company B is not a big company and has few projects only but its US based company.
Also i have got offer letter from Company B and i can work with them from October provided i get visa.

Currently i am in india working for Company A.

Below are my queries -

1. If my visa is selected in lottery, should i resign from company A or wait till my visa gets stamped as
my joining date in company B is in October only?
2. As i am still working in company A, do i need to show any documents other than offer letter from company B
when i go for visa Stamping in India.
3.If my visa gets selected in lottery which is filed by company B and i get petition approved, can i ask my Company A to transfer it on
there name and send me to US?
4. Should i wait for visa stamping in india and once stamping is done can i ask my company A only to send me to US
although H1B is filed by company B.

Looking your advise with this regards as i am not keen to leave my company A but i also want to go to US.

I am just having offer letter from company B, do i need any other documents from company B before going for Stamping in India.

Many Thanks,
Mani M

Your first 2 Questions have already been answered in a previous post by you:

http://www.immihelp.com/forum/showthread.php/163977-New-To-H1B-Visa-Process?p=392320#post392320

3. Yes, Company A would have to file a cap exempt petition using B's petition as proof. Make sure you collect the Approval Notice from B.
4. You have to see through which employer the chances of successful stamping are better.

This is my opinion not legal advice.

[mani_usa]

Your first 2 Questions have already been answered in a previous post by you:

http://www.immihelp.com/forum/showthread.php/163977-New-To-H1B-Visa-Process?p=392320#post392320

3. Yes, Company A would have to file a cap exempt petition using B's petition as proof. Make sure you collect the Approval Notice from B.
4. You have to see through which employer the chances of successful stamping are better.

This is my opinion not legal advice.

Thanks Ragvi for the reply.

The only confusion i have is my company B who has filed my H1B, i have offer letter starting October only and i dont have any other document from them.
I understood that i need to collect the Approval notice from company B if i want my company A to file cap exempt petition.
Also do i need to get approved petition from company B or anything else which would be required by my company A(current employer)?

Once again thanks for your help.

Mani.

[raghvi]

Thanks Ragvi for the reply.

The only confusion i have is my company B who has filed my H1B, i have offer letter starting October only and i dont have any other document from them.
I understood that i need to collect the Approval notice from company B if i want my company A to file cap exempt petition.
Also do i need to get approved petition from company B or anything else which would be required by my company A(current employer)?

Once again thanks for your help.

Mani.

No I dont think you need anything else from B.

An approved petition is proof enough that you have been cap counted so that should be enough from B, if you are not going for stamping from B, but would rather have A use that petition to file their own cap exempt petition.

There have been cases where even the receipt number was enough (provided you know it is yours and are approved).

This is my opinion not legal advice.

[mani_usa]

No I dont think you need anything else from B.

An approved petition is proof enough that you have been cap counted so that should be enough from B, if you are not going for stamping from B, but would rather have A use that petition to file their own cap exempt petition.

There have been cases where even the receipt number was enough (provided you know it is yours and are approved).

This is my opinion not legal advice.

So in this case how much approx time company A will take to file petition under their own cap exempt petition?

Thanks & Regards,
Mani

[raghvi]

So in this case how much approx time company A will take to file petition under their own cap exempt petition?

Thanks & Regards,
Mani

If company A is really serious about filing your H1, then once you give them the paperwork, it should typically be done within 4-6 Weeks.

This is my opinion not legal advice.