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  • Need advice on switching company

    My current Indian IT company is processing H1 new cap 2016 visa for me.

    My queries are,
    1) After stamping is done,and I receive visa,whether I can switch to US employer?My company says, they will cancel H1 if I resign.So,whether my H1 visa will be still valid?

    2) If I travel US on my current Indian IT company's assignment ,how long is the minimum period I should take to switch to US employer?

  • #2
    Originally posted by RRama View Post
    My current Indian IT company is processing H1 new cap 2016 visa for me.

    My queries are,
    1) After stamping is done,and I receive visa,whether I can switch to US employer?My company says, they will cancel H1 if I resign.So,whether my H1 visa will be still valid?

    2) If I travel US on my current Indian IT company's assignment ,how long is the minimum period I should take to switch to US employer?
    1. They can only revoke the petition, not cancel your Visa. Understand , there is difference between Visa, and petition. So your visa may still be valid, but without an associated petition, it may not be much useful. In order to use the visa, you would need the next employer to file a cap exempt petition and get it approved.
    2. No minimum time frame, but advisable to work for few pay period before initiating a "transfer".

    This is my opinion not legal advice.

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