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Immigration Issues/Your contradictory answers on H1B usage

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Question
Hi Ajay

I had a query regarding H1B. I have an H1B visa stamped sponsored by Company A. Its been 7 months but I have not been sent to the US. Can I apply to company B in India and go to the US for THEIR assignment using the same VISA?

I had heard that once you get your visa stamped thru company A, you can change your job without losing your VISA ONLY AFTER ENTERING US THRU COMPANY A ONLY , switching my job and then applying for H1 transfer? Was this wrong? Is it possible to utilize company A's visa without even going to US?

If it is possible:
a. Would the company B have to file a petition?
b. Can that be done only in October 2008 now? (I know that I wont be considered in the CAP though)
c. If it can be done anytime now, how long will it take to get approved? Is it a mere formality or is it tough to get it approved?
d. Would I have to go to the Consulate for VISA stamping again?
e. What happens to the VISA stamp for Company A?

I read your answers two two seperate questions which appeared to be the same as mine.

But you say I need to go for VISA stamping on http://en.allexperts.com/q/Immigration-Issues-344/H1B-question.htm

But you say I need NOT go for VISA stamping and just approval letter from company B would be enough on http://en.allexperts.com/q/Immigration-Issues-344/Reg-H1B.htm

Is there a mistake in my undertstanding?  

Answer
Hi,

Since your intention upon entry into the U.S. would be to work for Co. B only, this company (Co. B) would need to file an H-1B petition for you. Upon approval of the petition, you would apply at the Consulate for issuance of a visa with Co. B's name.

Since you had earlier obtained H-1B visa through Co. A, Co. B would be able to file H-1B petition for you now. The petition should be approved; it should not be any tougher than the petition filed by Co. A. The Consulate would probably revoke Co. A's visa when issuing H-1B visa through Co. B.

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

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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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