H1B Transfer and Dependent VISA issue

[rajeev_burnwal]

Hi ,
First I would like to appreciate your effort for helping out people. Thanks so much for maintaining such a great site.

I was in US in 2006-2008. I went back to India and changed company. This year, I applied for cap-exempted visa thru new company (I had expired visa thru previous company). After getting new H1B visa, I came US again and completed 3 months in US now but not satisfied with my role and hence looking for change. Also my wife and son are still in India and yet to apply for dependent visa.

My questions are:
1. Will there be any problem in transferring cap-exempted visa
2. If I go back to India to bring my family immediately after changing company, do I need to go to US consulate for visa stamping again (my current visa is valid till 2014). If yes, is there any chance of rejection?
3. Since the Visa stamp on my passport has my current employer and my family's dependent visa will be applied by my next employer, can it happen, is there any problem?
4. Do I need to be there with my family in US consulate while they apply for dependent visa.
5. Once my visa get's expired in 2012, can I file for extension, considering that I have cap-exempted visa

Overall, is it good idea to change company now OR should I wait till my family joins me in US. Actually, my family wants to join me in US after 3 months and hence i wanted to utilize this time to settle down in new company.

Please advise. Thanks in advance.

[shervin143]

1. Will there be any problem in transferring cap-exempted visa
>>> Not if you find a good employer with proper documents.

2. If I go back to India to bring my family immediately after changing company, do I need to go to US consulate for visa stamping again (my current visa is valid till 2014). If yes, is there any chance of rejection?
>>> Not required. You can use the existing valid H1B visa with the new company's approval notice to re-enter U.S.

3. Since the Visa stamp on my passport has my current employer and my family's dependent visa will be applied by my next employer, can it happen, is there any problem?
>>> No issues.

4. Do I need to be there with my family in US consulate while they apply for dependent visa.
>>> Not required.

5. Once my visa get's expired in 2012, can I file for extension, considering that I have cap-exempted visa
>>> Yes. You will get 6 year minus whatever time that you have already spend in U.S in H1B + L1 status combined. The time that you have spend in U.S in 2008 will include in this.

Overall, is it good idea to change company now OR should I wait till my family joins me in US.
>>> It is up to you. Do whichever works best for you.

Actually, my family wants to join me in US after 3 months and hence i wanted to utilize this time to settle down in new company.
>>> Well, you can do that.