Immigration Issues/h1b Transfer

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Question
Hi, This is my case.

1. The company A which I have been working 2 years ago wanted to transfer me to a new sales office in Florida.

2. The asked me to apply for a H1B visa last April, two weeks ago I received the Approval notice.  

3. Once I received my I-797 notice they decided not to transfer me and kept me in my current job in my home country.  However, the company decided to go on with the H1B visas process for future plan. But Iím not sure if there will be future plans

My questions are:  

a)   There is a possibility to change my employer without start working under H1B status.
b)   What would happen if they do not want me to go but they do not cancel the H1B visa?  
c)   Can I go to the U.S, find a new employer and start working without the entire H1 Visa process.  

Answer
Hi Jairus,

If you apply for H-1B visa stamp at the Consulate, this will be a multiple-entry stamp. Entry on this visa is permitted only if you plan on working for the sponsoring H-1B employer. The visa stamp is valid until expiration (which is normally the date noted on the H-1B approval notice) and therefore you can apply for the visa stamp now, and enter the U.S. next year, for example, if the sponsoring H-1B employer wants you to work in the U.S.

Another company can file an H-1B petition for you as well. Upon approval of the petition by the USCIS, go to the Consulate and apply for another H-1B visa stamp in the name of the new company, and then you can enter the U.S. to work for the new company.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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