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Immigration Issues/Query regarding my H1 Transfer

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Question
Hi Ajay,

I have a question regarding my H1B transfer.

I have got my H1B stamped through Company-A.Still I haven't used the visa and not traveled to USA. Since they couldn't able to find a position for me, I am planning to change my employer.

I have found one employer.  Now the questions are

1) Can  I use the same visa ( got through Company-A) to travel to USA and join company-B?

2) Filling a New petition from Company-B will be sufficient?

3) Do I have to get my visa stamped again with company-B's petition?

4) Will be any problem at port of entry,  if I travel with two different approved petition from two different employer?

I really appreciate your help.

Thanks,
Ganesh

Answer
Dear Ganesh:
H1B is a [dual intent] non-immigrant visa- employer specific. Visa issued through Co. 'A' cannot be used for benefits form Co. 'B', unless you are working with both companies.

To my understanding, you will have to file the H1B from Co. B, get it approved, and stamped to travel to the United States to work with/for co. B.  

Once the visa is approved from Co. B, the stamp form Co. A will be cancelled by the consulate before stamping from Co. B; and you may not have any problems at the port of entry.  

PS. It will not be a transfer, but a new filing.  

Best wishes,  

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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