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Possible to do H1B transfer and travel ?


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#1 bosechn

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Posted 27 September 2013 - 03:10 PM

Hi,

 

I am a candidate from India. My H1B was processed thru Employer A and I've even got my stamping. It was issued from 18 MAR 2011 to 30 DEC 2013. My US travel that was planned got cancelled in the last minute due to some serious issues in the client end and hence I never got a chance to use my visa.

 

Now I've moved to Employer B in India itself. Employer B has a US requirement and is willing to send me. Is it possible to transfer my H1B to Employer B and travel to the US? The project duration would be 1 year and we are not sure if the trip is going start before or after 30 DEC 2013 which is my visa expiration day. So how do we go about it? Should I go for stamping again?

 

 

Thanks!

 

 



#2 pontevecchio

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Posted 27 September 2013 - 03:22 PM

They will need to file a H1 petition for you. You will need a new visa stamp.



#3 jairichi

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Posted 27 September 2013 - 03:23 PM

Hi,

 

I am a candidate from India. My H1B was processed thru Employer A and I've even got my stamping. It was issued from 18 MAR 2011 to 30 DEC 2013. My US travel that was planned got cancelled in the last minute due to some serious issues in the client end and hence I never got a chance to use my visa.

 

Now I've moved to Employer B in India itself. Employer B has a US requirement and is willing to send me. Is it possible to transfer my H1B to Employer B and travel to the US? The project duration would be 1 year and we are not sure if the trip is going start before or after 30 DEC 2013 which is my visa expiration day. So how do we go about it? Should I go for stamping again?

 

 

Thanks!

Your employer B has to file a cap exempt H1B petition and get approval (I797). If you travel before 30 Dec 2013 (H1B visa expiry) you need to show your unexpired H1B visa and new I797 at port of entry (POE). If you are planning to travel after H1B visa expiry you need to apply for a new H1B visa.



#4 omshiv

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Posted 27 September 2013 - 03:33 PM

Yes...you'll need to transfer your H1B to employer B...if you travel before the expiry of previous H1B you wont need stamping..but you just need to show your new employer H1 petition at POE.



#5 pontevecchio

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Posted 27 September 2013 - 04:40 PM

Since the OP has never travelled on that stamp he will NEED a new Visa.




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