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H1 Transfer

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  • H1 Transfer

    Hi,
    I was in the US from Nov 2007 to Dec 2010. I filed for visa extension in 2010. I have a valid H1 Extension valid from Jun-2010 to Jun-2012. I've not yet stamped my Visa. I'm working in the UK from Jan 2011 till date.

    Would I need to stamp my visa before a US company can recruit me, and file an H1 transfer or will I need to stamp first?

    If I cannot do so, can a US company recruit me after my visa stamping with the current company is done?

  • #2
    Originally posted by m***aukee View Post
    Hi,
    I was in the US from Nov 2007 to Dec 2010. I filed for visa extension in 2010. I have a valid H1 Extension valid from Jun-2010 to Jun-2012. I've not yet stamped my Visa. I'm working in the UK from Jan 2011 till date.

    Would I need to stamp my visa before a US company can recruit me, and file an H1 transfer or will I need to stamp first?

    Both are unrelated. You cannot apply for Visa using previous company's petition if the previous company does not want you to travel to US. Another employer can file a cap-exempt petition for you at any time. After petition is approved, you can apply for Visa at a consulate/embassy and travel to US to work for this new employer.

    If I cannot do so, can a US company recruit me after my visa stamping with the current company is done?
    See above.
    This is my opinion and not legal advice.

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