need urgent advice - h1 transfer consular processing


Ritkaw2014

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Posted

I need urgent help on my H1 transfer case.     It was approved and has mentioned as

 

Consulate notified (if applicable)

it also mentioned my current I-94 number.    My visa is still valid till 2018.

Do I need to go for stamping or I can just visit Canada and return?  At POE I can show current visa and new I797 (for new employer)

 

or I can continue working without leaving US?

 

Please advice, my employer suggested me to visit canada.

 

 

 

 

 

Posted

Hello, 

You don;t need to go to anywhere until you have valid visa with any employer even-though current VISA stamping which is not related with you current employer also. You can work any number of years( only 6 yrs if you don;t have I-140 approval) in USA until valid petition I-797 copy.

and also you can come back on same valid visa stamping  even if you travel to your home country with current visa stamping.

if your visa stamping got expired and if you go to your home country then you will have 2 options:

1. Drop box  ( This option would be applicable within 12 months even if your earlier visa got expired whether it is from current employer or any other employer.

2. VISA interview for new stamping with your current employer  

I hope you would understand and more clear. Just let me know if you need more details.

Posted

 

 

Reality is my current employer has not filed amendment for my case and my h1 transfer has RFE asking about providing amendment case #.

 

Will I be able to work for new employer?  Attorney advised me to visit US consulate in my country and go for stamping.   is this correct?

 

 

 

 

 

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