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Hi,
I am currently employed with a reputed employer A in India and deputed for a long term assignment to US on H1B Visa stamped on my passport, (Visa & i-94 ) both valid till end of 2006. I need to transfer my current H1B visa as my current assignment through my employer A at client site , is almost coming to an end.
I am likely to leave for Mumbai/India (home country )by mid Jan .2005 ,once my current assignment is over.
Now I need some help in getting answers to few scenarios of h1 tranfer :-
Scenario 1.
I initiate an H1(ordinary) transfer to employer B by Ded third week of 2004, and leave to India by Jan 15. 2005.
Question1: Can I return to US in March 2005, A (on my own without employer A’s knowledge) on my existing H1 visa of Employer A, while my H1 transfer case to employer B is still in pending status.???
Question2: Can I return to US in March 2005 , on my H1 visa by Employer A (on a due/formal assignment again by Employer A ), while my H1 transfer case to employer B is still in pending status.???
Scenario 2.
I initiate a H1(PREMIUM) transfer to Employer B by first week of January 2005 i.e. just a week before I leave to India ( and assume : the petition gets approved , in meantime, while I am in India)
Question1 : Can I return to US in March 2005 , on my H1 visa by Employer A (on my own without employer A’s knowledge), while having my H1 notice of approval with Employer B in Hand, or do I Need to go to Mumbai counsellate and have to get it stamped on my Passport.????
Question2 :Can I have the option of Joining Employer B open, with the new notice of Approval(which I decide not to stamp on my passport , while I am in India ) and continue to work with Employer A and decide to return to US in March 2005, on my existing passport of Employer A?????
Scenario3.
My H1 tranfer case with Employer B is denied.
Question :Will it affect my employment and my re-entry (long term deputation )back to US, by Employer A ??Will my existing Visa be still valid???
Scenario 4.
I Initiate multiple H1 tranfers , with employer B (H1 PREMIUM, I file just a week before I leave US )and with employer C (H1 ORDINARY) ,before I leave US .
Question 1: What if my H1 transfer with Employer B is denied and employer C is still in pending status ,Will it affect my employment and my re-entry (long term deputation )back to US (say in March 2005 ), for Employer A ??
Question 2: Will the denial for H1 transfer to Employer B affect the pending petition for Employer C ?
Scenario 5.
I Initiate multiple H1 transfers , with employer B (H1 PREMIUM, I file just a week before I leave US )and with employer C (H1 ORDINARY) ,before I leave US .I get approval for transfer to Employer B and petition of transfer to Employer C still in Pending status, while I am in India.
Question1: Which employer am I Legally permissible to work with and what necessary legal formalities do I need to accomplish( if in case needed) with respect to Visa stamping , before coming back to India ?
Question2: Do I still have the option to continue my work with Employer A, with the rest two transfers in status as mentioned above , and travel to US on Visa of Employer A.
Question3: If the answer to above Question 2 is yes, what do I need to do , if after 3 months of employment with Employer A, I desire to join Employer B? Is it permissible?
Scenario 6 :
I Initiate multiple H1 tranfers , with employer B (H1 PREMIUM, I file just a week before I leave US )and with employer C (H1 ORDINARY) ,before I leave US .I get approval for transfer to Employer B and petition of transfer to Employer C still in Pending status , while I am in India
Question1: What if I wont have pay stubs of January and Feb with me, if my Employer A doesn’t permit me to go on a long vacation and asks me report to India head quarters and thereby no more US pay stubs) will that be a question when I go for stamping in Mumbai for my new Employer B ?
Uuuuhhhhhh!!!!!! Lot of questions ,I know, but I need inputs from you folks asap !
Thanks a ton for your help in advance,
Sharu
I am currently employed with a reputed employer A in India and deputed for a long term assignment to US on H1B Visa stamped on my passport, (Visa & i-94 ) both valid till end of 2006. I need to transfer my current H1B visa as my current assignment through my employer A at client site , is almost coming to an end.
I am likely to leave for Mumbai/India (home country )by mid Jan .2005 ,once my current assignment is over.
Now I need some help in getting answers to few scenarios of h1 tranfer :-
Scenario 1.
I initiate an H1(ordinary) transfer to employer B by Ded third week of 2004, and leave to India by Jan 15. 2005.
Question1: Can I return to US in March 2005, A (on my own without employer A’s knowledge) on my existing H1 visa of Employer A, while my H1 transfer case to employer B is still in pending status.???
Question2: Can I return to US in March 2005 , on my H1 visa by Employer A (on a due/formal assignment again by Employer A ), while my H1 transfer case to employer B is still in pending status.???
Scenario 2.
I initiate a H1(PREMIUM) transfer to Employer B by first week of January 2005 i.e. just a week before I leave to India ( and assume : the petition gets approved , in meantime, while I am in India)
Question1 : Can I return to US in March 2005 , on my H1 visa by Employer A (on my own without employer A’s knowledge), while having my H1 notice of approval with Employer B in Hand, or do I Need to go to Mumbai counsellate and have to get it stamped on my Passport.????
Question2 :Can I have the option of Joining Employer B open, with the new notice of Approval(which I decide not to stamp on my passport , while I am in India ) and continue to work with Employer A and decide to return to US in March 2005, on my existing passport of Employer A?????
Scenario3.
My H1 tranfer case with Employer B is denied.
Question :Will it affect my employment and my re-entry (long term deputation )back to US, by Employer A ??Will my existing Visa be still valid???
Scenario 4.
I Initiate multiple H1 tranfers , with employer B (H1 PREMIUM, I file just a week before I leave US )and with employer C (H1 ORDINARY) ,before I leave US .
Question 1: What if my H1 transfer with Employer B is denied and employer C is still in pending status ,Will it affect my employment and my re-entry (long term deputation )back to US (say in March 2005 ), for Employer A ??
Question 2: Will the denial for H1 transfer to Employer B affect the pending petition for Employer C ?
Scenario 5.
I Initiate multiple H1 transfers , with employer B (H1 PREMIUM, I file just a week before I leave US )and with employer C (H1 ORDINARY) ,before I leave US .I get approval for transfer to Employer B and petition of transfer to Employer C still in Pending status, while I am in India.
Question1: Which employer am I Legally permissible to work with and what necessary legal formalities do I need to accomplish( if in case needed) with respect to Visa stamping , before coming back to India ?
Question2: Do I still have the option to continue my work with Employer A, with the rest two transfers in status as mentioned above , and travel to US on Visa of Employer A.
Question3: If the answer to above Question 2 is yes, what do I need to do , if after 3 months of employment with Employer A, I desire to join Employer B? Is it permissible?
Scenario 6 :
I Initiate multiple H1 tranfers , with employer B (H1 PREMIUM, I file just a week before I leave US )and with employer C (H1 ORDINARY) ,before I leave US .I get approval for transfer to Employer B and petition of transfer to Employer C still in Pending status , while I am in India
Question1: What if I wont have pay stubs of January and Feb with me, if my Employer A doesn’t permit me to go on a long vacation and asks me report to India head quarters and thereby no more US pay stubs) will that be a question when I go for stamping in Mumbai for my new Employer B ?
Uuuuhhhhhh!!!!!! Lot of questions ,I know, but I need inputs from you folks asap !
Thanks a ton for your help in advance,
Sharu
