Originally posted by OMM
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Transferring H1B visa
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I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.
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Originally posted by txh1bWRONG! A transfer is nothing but a new H1b that is not subject to cap. Any person that has an approved H1b can switch to a new employer if they are outside the US as well.
he cannot transfer the H1B application by Company A to Company B without first stamping the same. how can it's possible in first time stamping?? at least he needs H1B stampped and he should be enter into the USA and he can transfer immidietly. but without stamping it's not possible. read this person main/first Question. Still he didn't have first stamp on his passport. so, as per my advice it's not possible without first stamping.Last edited by italianjob; 09-30-2008, 09:29 AM.
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Thanks for all your replies ....
The final answer I suppose is that :
1) I cannot transfer H1B without first getting it stamped
2) I can get the H1B Transferred only in US after the stamping happens
3) I can get the H1B stamped immediately after arriving in US. There is no need of any pay stubs.
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Originally posted by poison_neoThanks for all your replies ....
The final answer I suppose is that :
1) I cannot transfer H1B without first getting it stamped
2) I can get the H1B Transferred only in US after the stamping happens
3) I can get the H1B stamped immediately after arriving in US. There is no need of any pay stubs.
2. Wrong.
3. Wrong.In fact, it is fraud to enter US that way.
The approval of a H1b petition (cap count) is the only requirement to change from one H1b sponsor to another. You being in the US or outside does not matter. If in US, proof of current status is required to extend status with a new employer.
I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.
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Originally posted by italianjob@txth1b Omm is right.
he cannot transfer the H1B application by Company A to Company B without first stamping the same. how can it's possible in first time stamping?? at least he needs H1B stampped and he should be enter into the USA and he can transfer immidietly. but without stamping it's not possible. read this person main/first Question. Still he didn't have first stamp on his passport. so, as per my advice it's not possible without first stamping.
The approval of a H1b petition (cap count) is the only requirement to change from one H1b sponsor to another. You being in the US or outside does not matter. If in US, proof of current status is required to extend status with a new employer.
A transfer is nothing but a new H1b that is NOT subject to cap. If one has been counted in the cap and proves so in the form of a previously approved I797, the alien meets the requirement for transfer if all other conditions are met.
I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.
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