H1B visa transfer query

[mitun2009]

Hi,

I've an H1B visa (from Company A) on which I worked in the US(at client side) for about a year.
I came to India on vacation and got my visa stamped from Bombay consulate.
It is valid till Sept 2011.
Due to my health problems, I had to extend my stay in India by 1 more month.And because of this, my employer cancelled my H1B visa from the US.

He told me that if I find another employer (say Company B) who can transfer my visa to him,then,I can again travel to the US.
Note:I've last 3 paystubs from company A.

My questions:
1.Is what my employer saying correct?
2.What are the requirements for travelling back to the US?

a.Is Acknowledgement receipt of H1B visa transfer and related project documents sufficient for this travel?
b.Do I also need to get the H1B visa stamped(using Company B's name) on my passport before I travel back to the US?

Please let me know.

Thanks for reading.

Regards,
Rahul

[shervin143]

1.Is what my employer saying correct?
>>> That is correct.

2.What are the requirements for travelling back to the US?
>>> A new employer need to file a H1B petition on the existing CAP and when that gets approved, you can travel to U.S (Carry all the project related documents).

a.Is Acknowledgement receipt of H1B visa transfer and related project documents sufficient for this travel?
>>> No. Approval is required.

b.Do I also need to get the H1B visa stamped(using Company B's name) on my passport before I travel back to the US?
>>> Did you read the FAQ's? No need for new visa if the existing H1B visa is still valid.

[mitun2009]

Thanks for your response...

Regarding H1B transfer,I've one more question.

I've been in India since December 09(because of health issues).

Company A revoked my visa on Jan 15th 2010.I've paystubs from them till Dec 31st 2009.December month paystub was generated in Jan.

Company B will applying for H1B visa transfer sometime next week...ie first week of March.They have direct clients in the US and would be giving me project related documents.

Now, question here is:how good or bad is my case with respect to H1B visa transfer?


Thanks.

[shervin143]

I don't see any issues. You don't need play slips when you are out of the country. You have to prove that you maintained the valid H1B status when you were in U.S.

[mitun2009]

Also, my company claims...

that they have revoked my H1B visa on Jan 15 2010.
Is there any way/source I can confirm this information?

When I checked my case status from https://egov.uscis.gov/cris/Dashboard.do , here is what I got:
It does not mention that the visa is revoked.Am i missing something here:

Post-Decision Activity

On January 6, 2009, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.


Thanks.

[shervin143]

I don't understand what your problem is? You are planning to do an H1B transfer to a new employer, right? You mentioned that you are not going to work for the same employer. Then why do you care whether the petition is revoked or not (It is the petition that gets revoked, not the visa). When the petition is revoked, you cannot work that that employer any longer. However, you can still apply for a transfer and if that transfer gets approved, then you can work for the new employer.

The employer might have already sent notice to revoke the petition. but, it will take some time for USCIS to actually revoke it.

[mitun2009]

alright..

thanks for the clarification.Really helpful.

[radduri]

H1 transfer with out pay stubs

Guys,

I had a valied H1 visa and got stamped in Feb 2009 and I havent went US yet on H1 status. Now one of my client asked me to transfer my H1 on his name and asked me to come immidiately. so is it possible to transfer my H1 on his name with out any pay stubs.


Thanks,
Ram

[ashdepp]

hello

Hi All,

I have a VISA valid till March 2014, but i have left the employer through which it was applied , as i am right now pursuing higher studies.
So after joining a new firm can i use the same VISA to work for different company?

thanks in advance.
Ashish Sareen

[krish_chiv]

Unused/Expired H1

Hi There,
I have an approved H1 in 2008 (no stamping done). This is expired now. Do i need to reapply for H1 Cap or is there any alternate, since i have been through CAP earlier. If no need to go through CAP, then, whats the procedure or whom to contact to renew the H1.
Thanks in advance