H-1 , B-1 Clash

[aravind77]

I have a valid H-1 is from a one organisation in the US and need to get B-1 is from the current organisation in India . (B-1 yet to get stamped. will be appearing for visa interview soon.

In case if my visa is subjected to cancellation will I have to undergo a the complete process of Re applying for new H-1 B through the lottery system or will i have to go only for a stamping with the necessary project documents from the employer.

[Subramanya]

I have a valid H-1 is from a one organisation in the US and need to get B-1 is from the current organisation in India . (B-1 yet to get stamped. will be appearing for visa interview soon.

In case if my visa is subjected to cancellation will I have to undergo a the complete process of Re applying for new H-1 B through the lottery system or will i have to go only for a stamping with the necessary project documents from the employer

---- Your H1 may be stamped as "CANCELLED WITHOUT PREJUDICE" and that depends on the VO and other factors like duration of the visa validity etc. Even then your H1 petition remains valid and you can seek a H1 visa stamp at a later date when you want to join the employer or if you wish to transfer your H1 to a different employer

---- You do not have to reapply for H1 and go through the lottery system to get a H1. This was already replied in another post where in you posted the same query

Subramanya

[aravind77]

Clarification needed on h-1 transfer also

I have a valid H-1 is from a one organisation in the US and need to get B-1 is from the current organisation in India . (B-1 yet to get stamped. will be appearing for visa interview soon.

In case if my visa is subjected to cancellation will I have to undergo a the complete process of Re applying for new H-1 B through the lottery system or will i have to go only for a stamping with the necessary project documents from the employer.

Hello subramanya,
Thanks a lot for your valuabe reply..

As you have mentioned even in CWOP status can i get an H-1 transfer done to another employer ( if the new employer is willing to ) even if I have not travelled in that H-1 at all with the previous employer. Is this legally possible

please advice

[Subramanya]

As you have mentioned even in CWOP status can i get an H-1 transfer done to another employer ( if the new employer is willing to ) even if I have not travelled in that H-1 at all with the previous employer. Is this legally possible

---- Yes to all the queries and sub queries

Subramanya