Immigration Issues/H1 Transfer

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Question
Hi,

Actually i am currently in india..i am working for comapny A who filled my H1B and they sent to US for around 7 mnths..i came back to india in Jan 06.My H1b is valid till sep 07. Now comp B is telling me that they will transfer my H1B while i am in india and they will send me to US.
My questiona are
1.Is it possible to transfer H1B while i am in India .
2.Do i need to get my Visa stamped again .

3.if company B transfer my H1 while i am working for comp A in india will my H1 from comp A will be valid if i dont leave them.

Thanks,
Nikhil Arora
-------------------------

Followup To

Question -
Hi ,

I have a  H1B visa valid till Sep 07. I left US in Jan 06. I am in
india now.I have 2 queries.

1. Can i get my H1 transfer to another company when i am out of US.

2. If i transfer my H1 from comapny A to company B but later i want to
continue with comapny A.will my H1 from company A will be valid.

Thanks,
Nikhil Arora


Answer -
Hi Nikhil,

I am assuming that you are not currently on the payroll of Company A. Therefore, Company B should file H-1B petition for you requesting consular notification. When the petition is approved, you must apply at the nearest U.S. Consulate for H-1B visa in the name of Company B.

When you enter the U.S. on Company B's visa, you must work only for Company B. If you want to work for Company A, then Company A must again file H-1B petition for you requesting extension of your status through Company A (the H-1B approval notice will have a Form I-94 attached to the bottom of the approval notice).

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Answer
Hi Nikhil,

Co. B will file H-1B petition for you. After approval, you must apply for H-1B visa in the name of Company B, and enter on Co. B's visa.

After you enter on Co. B's visa, you will be unable to work for Co. A unless Co. A again files H-1B for you.

You could also do the following: enter the U.S. now in Co. A's H-1B visa (but your intention must be to work for Co. A, and indeed you must have several pay stubs from Co. A before Co. B can extend your H-1B status within the U.S.) Then you will not be required to leave the U.S. and, moreover, Co. A's H-1B approval will also remain valid so that in the future you can work for Co. A if you wish (as long as Co. A has not revoked the petition, and it has not expired).

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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