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My Current Situation:
I have H1b Visa stamped and Original I-129 petition from a reputed company A, India. But still I haven't traveled on H1 Visa yet. My petition was approved by USCIS on 8-Dec-15. Both my H1 Visa validity and petition end date is only till 7-Dec-16. I assume it can be extended further.
My wife is currently working in US on H1B with company B. And I also have B1/B2 Visa valid till 2018.
Currently I am planning to quit A, as I am not getting US project here.
Below 3 options I am able to foresee:
1) Find a company/consultancy in India, who can do H1 to H1 premium transfer in India itself, and then travel to US on new H1 petition.
OR
2) Apply for H4 stamping using wife's H1 from company B, then travel to US on H4 and search a job, and change the status from H4 to H1 via new company C under premium.
OR
3) Can I travel on existing B2 to US, and find a job with existing H1, then transfer?
Which of the above 3 options would you recommend?
Below are related important queries:
1) As mine will be unused H1 Visa or petition from original petitioner. Are there chances of rejections/denial during H4 to H1 transfer OR H1 to H1 transfer?
(Read in some forums that as per new USCIS rule since 2014, they can reject transfers before 1-Oct)
But my H1 was under 2015-16 cap, so its beyond Oct. Still are there chances of rejections due to unused H1 petitions during transfers?
2) When I quit company A in India, Will the company A can revoke my H1 Petition, even when I am not working in US?
Are there any complications which can arise when A revokes my petition, which can affect my future H1 transfer or extensions?
3) If required in future, can the new company C, will be able file a cap-exempt H1 petition for me anytime? And how to identify my approved petition I-797A is cap-exempt ?
4) Does my existing H1 will be marked CWP or Cancelled when I go for H4 stamping at consulate? Will it have an issue during future H4 to H1 transfer?
5) Last one, does opting for H1 to H1 transfers via Consultancies are safe or better to go via reputed companies?
Thanks a lot in advance for reading through patiently!
I have H1b Visa stamped and Original I-129 petition from a reputed company A, India. But still I haven't traveled on H1 Visa yet. My petition was approved by USCIS on 8-Dec-15. Both my H1 Visa validity and petition end date is only till 7-Dec-16. I assume it can be extended further.
My wife is currently working in US on H1B with company B. And I also have B1/B2 Visa valid till 2018.
Currently I am planning to quit A, as I am not getting US project here.
Below 3 options I am able to foresee:
1) Find a company/consultancy in India, who can do H1 to H1 premium transfer in India itself, and then travel to US on new H1 petition.
OR
2) Apply for H4 stamping using wife's H1 from company B, then travel to US on H4 and search a job, and change the status from H4 to H1 via new company C under premium.
OR
3) Can I travel on existing B2 to US, and find a job with existing H1, then transfer?
Which of the above 3 options would you recommend?
Below are related important queries:
1) As mine will be unused H1 Visa or petition from original petitioner. Are there chances of rejections/denial during H4 to H1 transfer OR H1 to H1 transfer?
(Read in some forums that as per new USCIS rule since 2014, they can reject transfers before 1-Oct)
But my H1 was under 2015-16 cap, so its beyond Oct. Still are there chances of rejections due to unused H1 petitions during transfers?
2) When I quit company A in India, Will the company A can revoke my H1 Petition, even when I am not working in US?
Are there any complications which can arise when A revokes my petition, which can affect my future H1 transfer or extensions?
3) If required in future, can the new company C, will be able file a cap-exempt H1 petition for me anytime? And how to identify my approved petition I-797A is cap-exempt ?
4) Does my existing H1 will be marked CWP or Cancelled when I go for H4 stamping at consulate? Will it have an issue during future H4 to H1 transfer?
5) Last one, does opting for H1 to H1 transfers via Consultancies are safe or better to go via reputed companies?
Thanks a lot in advance for reading through patiently!
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