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Got H1b visa stamp in Mar-09 but not Visiting USA as employer has put us on hold

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  • Got H1b visa stamp in Mar-09 but not Visiting USA as employer has put us on hold

    gurus

    Got H1b visa stamp in Mar-09 but not Visiting USA as employer has put us on hold due to recession. What option should I have , and what will be the complications if I land at USA next year March-2010 (a year after my HIB visa approved).Plz guide.

  • #2
    Got H1b visa stamp in Mar-09 but not Visiting USA as employer has put us on hold due to recession.

    What option should I have
    >>>>>> You can find another employer and do a transfer. For that, you need a copy of your I-797 approval notice. Or you can travel when your employer finds you a project.

    What will be the complications if I land at USA next year March-2010 (a year after my HIB visa approved).
    >>>>>> Nothing. As long as you have a project in hand (and your visa hasn't expired). It is not required to travel to U.S immediately after your visa is stamped.
    Last edited by shervin143; 09-23-2009, 01:58 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      I have also heard that you can not change ur employer untill you have 3 pay stubs/ payroll slips , is it true?

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      • #4
        Not true. You are still in India and you haven't worked for this employer. So no pay stubs required.


        Originally posted by abnakh View Post
        I have also heard that you can not change ur employer untill you have 3 pay stubs/ payroll slips , is it true?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks shervin143

          I find ur comments very helpful. Can u suggest me some initial steps that I should follow after landing USA and having petitioner employer not interested in running payroll for me ?

          Comment


          • #6
            You should not travel to U.S without a project in hand. You will be questioned at the P.O.E. You need to be getting paid from the day you arrive in U.S. If you land in U.S, then you cannot transfer your H1B without a minimum of 2-3 pay stubs. You should try and find another employer from India for this to work or wait till your employer find you a project.


            Originally posted by abnakh View Post
            Thanks shervin143

            I find ur comments very helpful. Can u suggest me some initial steps that I should follow after landing USA and having petitioner employer not interested in running payroll for me ?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thanks, this clears many doubts in my mind. thanks. One last question.. is it possible to change my employers from india on same HIB Visa?

              Comment


              • #8
                H1b Visa and H1b petition are two different things. Your new employer will have to file a new petition that should get approved for you to work for that company. But you will not be subjected to CAP since you already have an I-797 approval notice from the existing employer. For travelling to U.S you can still use the existing h1b visa in your passport provided it isn't expired.



                Originally posted by abnakh View Post
                Thanks, this clears many doubts in my mind. thanks. One last question.. is it possible to change my employers from india on same HIB Visa?
                Last edited by shervin143; 09-23-2009, 03:29 PM.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Thanks, again

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