Transfer of H1B which has never been used

[traumb]

Hi all,

I have an approved petition for an H1B visa for employer A. I also have a visa stamp on my passport. Both petition and visa are still valid, but I have not started to work for the company, because they postponed the start date. I have also never been to the US.

Now I have been invited for an onsite interview for company B. I have some questions regarding this:

1. Can I use my current visa to enter to US to have an interview with company B? If yes, what should I tell the officer? If not, what kind of visa do I need? B1?
2. If I get an offer, when I can start working for company B? Is it going to be a visa transfer or a brand new application? If it is a transfer, can I start working for B after we get the receipt? Or do we have to wait for the approval? Either way, do I need to get a new visa stamp or can I just use the old one?

Situations in previous threads seem to be slightly different. That is why I wanted to create a new thread. Thanks in advance..

[anna1234]

1. No you should not use the current visa for employer B's interview. If you are lucky you will get deported. Also if incase you get inside without any issues to change the employer you need salary slips and there you will end up in trouble. I dont think you will get B1 for attending interview in US, you may need some other vaild scenarios. Why dont you attend thru skype or their local office vedio conference in india ?

2. Best option for you is to get offer in india and tell employer B to apply a new H1 (you will not be counted for a new cap as you already counted) you can use your old visa to travel if your h1 gets approved. Otherwise come to US with employer A and then move to employer B. In this case you can start working with receipt.

[traumb]

Dear Anna,

We already did some Skype interviews and it is their policy to have an onsite interview before hiring. The company doesn't have an overseas location in my country (I am not from India). What kind of visa do I need for the interview, then? Tourist visa?

I dont think you will get B1 for attending interview in US, you may need some other vaild scenarios. Why dont you attend thru skype or their local office vedio conference in india ?

[anna1234]

I am not sure whether you can get B2 for attending interview as it is for tourism. May be you should try B1/B2-Business if the company is ready to give some letter.