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H1B Visa Stamping/ H1 Transfer help needed

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  • H1B Visa Stamping/ H1 Transfer help needed

    I was in United States of America on an F1 Visa from Nov 2005 to Nov 2010. I worked for Company A on my OPT from 1 Jan 2008 to 30 Sept 2008. Later I was working with same company A on H1B from 1st Oct 2008 to 15 Nov 2010 ( The petition I-797 was valid till Sept 2011). I have all the paystubs/ W2's/ IT returns forms etc during this period. Later I transferred my H1B to another company B and worked for them from 1 Dec 2010 to Jan 2011 ( The Petition is valid from Nov 2011 to Nov 2013 )....

    Then I came to India on 23rd Dec 2010 and gave my H1B Visa Interview for Company B on 11th Jan 2011. I was issued a section 221G by US Consulate in Mumbai and due to this delay, my Client couldn't keep my project alive and in turn the company B didn't supported me and terminated my employment on 23rd Jan 2011 and revoked my H1B Petition too.

    After that in Feb 2011, my previous company A said they can hire me back as they havent revoked my petition yet and since I had a petition with them which was valid till Sept 2011, they asked me to find a new proj in USA which I got and gave my Visa Interview again on 22nd Feb 2011 in US Consulate Mumbai. The Visa officer that time mentioned me that I cannot travel on this old petition from company A and I need to file a new Petition from Company A, they also gave a section 221G slip to me asking for all documents from the employer and my side as well. Due to this Company A filed my new petition to USCIS in premium processing and it was APPROVED in a weeks time on 7th March 2011. The Petition is Valid from 7th March 2011 to 17th Feb 2014, Once this petition was approved, along with ALL the documents from my Employer A and my self documents like IT returns, W2, Bank statements etc along with the NEW approved Petition I submitted to the US Consulate Mumbai on 28th April 2011 - the Visa interview went on well and the officer said they will review it and get back to me in some weeks......

    On 13th July 2011 I get an email from the US Consulate and USCIS that the petition is been sent to USCIS for further review. Since then I havent heard anything back from US consulate nor from USCIS. The point here to note is the petition which is sent back to USCIS is my old
    petition with Company A which was valid from Oct 2008 to Sept 2011 and NOT the new one which is valid from Mar 2011 to Feb 2014. This means I still Have a VALID approved petition from my employer A since I havent given the Visa interview for this new petition separately as I dont have a proj with them now, and also they haven't revoked it yet.....I never had got H1B Stamping on my passport but just F1 Stamping.....

    My Question is it possible for Company C in India ( MNC ) file a H1B Transfer for me with whom I am working now for more than 3 months and I can go for H1B Stamping for this new company C? What are the best chances to get my h1b visa through new company or should I wait n wait until my previous h1b gets cancelled or approved or? Please let me know your valuable inputs to help me further.....
    Thank you so much!
    Nikhil S

  • #2
    Your new company C can file an H1 petition for you. Whatever happens or happened with A or B does not matter.
    Since you have spent more than 1 year outside the US, you can even qualify for fresh 6 years if petition is filed that way while the cap remains open.
    This is my opinion and not legal advice.

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