You are here:

Immigration Issues/H1 Visa transfer of approved H1-Visa (not stamped)

Advertisement


Question
Hi

How are you? Hope doing good.

My situation is as follows:

H1 Visa was applied for me from a company last year, which got approved in month of Feb, 2006. But due to some issues with the company I didn't get it stamped in India .

I changed my company in India and these days I am in USA on B1-Visa.

I only have the EAC Number for my approved H1 Visa, through which I can see the status online.
But I dont have approval documents that are generally sent by the Immigration Deptt.

My current company would like to have me on H1-Visa over here but for this year, H1 quota is already over.

1. Is it possible for me to get this H1 - transfer done without getting it stamped for my previous company who applied it?
2. Can I get this transfer done and work for now for new company?
3. Can I get the same H1-visa stamped after transfer to new company, once I go back to India?

I am eagerly looking forward to your reply.

Regards
Manish

Answer
Hi Manish,

You cannot get the H-1B tranfer done since you have not entered the U.S. on H-1B visa status. You are therefore subject to the visa cap and the new employer can file H-1B petition for you in April, 2007 requesting employment start date of October 01, 2007. You cannot work for the new employer before October 01, 2007.

Your best option is to apply for H-1B visa stamp (in the name of the original employer) at a U.S. Consulate in your home country, with the intention of working for the original H-1B employer. After working for the original H-1B employer for some time (at least a couple of months) you can then transfer H-1B to the new employer within the U.S. without having to worry about the visa cap.

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

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.