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H1 Transfer Done but didnt join them in usa.

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  • H1 Transfer Done but didnt join them in usa.

    Hi Here is my situation.

    i was with employer A and my H1 transfer with employer B(Indian MNC) is approved. Before joining employer B i had to return india because of some personal reason. I was about to resign employer A and join employer B. Now since I am in India and employer B has office in India, can i join them in india and go for stamping(since my visa in passport has expired) after sending my resignation ?? would there be any issue if i do like this ? what is the best to step into USA again.

    Please let me know if you need any additional information.

    Appreciate your inputs/help.

    Thanks

  • #2
    No issues at all. USCIS doesn't care about what you do outside U.S. To enter U.S and work for employer B in H1B status, you need a valid H1B visa in the passport and employer B's H1B petition should be valid as of the date of entering U.S. That's all.

    Originally posted by chandu560054 View Post
    Hi Here is my situation.

    i was with employer A and my H1 transfer with employer B(Indian MNC) is approved. Before joining employer B i had to return india because of some personal reason. I was about to resign employer A and join employer B. Now since I am in India and employer B has office in India, can i join them in india and go for stamping(since my visa in passport has expired) after sending my resignation ?? would there be any issue if i do like this ? what is the best to step into USA again.

    Please let me know if you need any additional information.

    Appreciate your inputs/help.

    Thanks
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you for your quick response..

      So i can send a formal resignation email to employer A before joining employer B and i can join my new employer right? And also will there be any issue at the consulate since i joined in India ? or is there anything that i need to take care of ??

      Appreciate your response..

      Comment


      • #4
        So i can send a formal resignation email to employer A before joining employer B and i can join my new employer right?
        >>> Well, that is totally up to you. USCIS doesn't care whether you sent a resignation email to employer A or not. They also do not care whether you join employer B in India or any other country. All that matters to them is, when you are ready to join employer B's U.S office, you need a valid H1B visa and employer B's H1B petition be active and the job (in U.S) still exist as of that time. The work address and the roles and responsibilities mentioned while filing the petition remains the same.

        And also will there be any issue at the consulate since i joined in India?
        >>> They do not care about that.

        or is there anything that i need to take care of ??
        >>> Nothing. You will need an experience letter from employer A for your future visa / GC processing.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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