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  • H1-B Transfer

    Hi Guys,

    I need some more information regarding the H1 transfer process.
    I have recently joined a company in US. I want to get my H1 transferred to a new company as this company is paying me very less. I am married and my wife has her H4 stamped.
    She will be joining me here in US next month. After she comes to US, i will file for H1 transfer. Me and my wife have to travel to India for a personal commitment (which we cant avoid), in the last week of October. Now based on this i have a few questions :
    1. If we travel to India in october, do we need to get a new stamping after H1B transfer?
    2, I have a stamping done for both me and my wife , which doesnt expire till November 2014. Taking this into consideration, If i do an H1 transfer, where in both me and my wife will have valid I-94s, would i need to get a new stamping done whenever i travel to India?

    Any help will be much appreciated. Please let me know if my case statement sounds ambiguous and needs clarification.

    Thanks !!

  • #2
    You will not need to get a new Visa. You can return using your current Visa and new approval notice.
    Remember that if your current employer is not paying you as per LCA, you are out of status. You can complain to DOL for unpaid or underpaid wages.
    This is my opinion and not legal advice.

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