Can H1B be transferred with in 3 months....


jpmc2012

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Situation

In 2009 March, I applied H1B through some US consultancy from India and got H1B petition approved. But in the Visa interview (October 2009) I was given a 221g because of lack of documentation(At least thats what they said). After I submitted the required docs and three months later I get a letter mentioning that they cant give me Visa because of improper documentation.

In March 2012 I applied H1B through my new Employer Company A (Which has got good reputation both in India and US) and this time using premium processing. I got the stamping in July 2012 with 3 years valid visa till 2015. I found out that even though Company A applied for H1B Visa, it can never send me to US because of the working model in my current business unit. Now after some job hunting, Company B gives me an offer to directly work in US with US as base location. The HR person of the Company B says that H1B transfer is very much possible and has asked me to send all of my documents.

I am very much confused about what to do now and have a lot of questions in mind.

For the record I have never been to US. Hence I do not have I-94 history.

Questions

1. Because I am in India, do I need to attend the VISA interview again if the Company B files for H1B transfer? I just attended Visa Interview in July 2012.

2. First of all, is my case valid for a H1B transfer? Do I really have a chance?

3. If my H1B transfer petition gets approved and I go for a VISA interview, what kind of questions will I be asked?

4. If the VISA officer denies VISA transfer with Company B, does the Company A’s VISA be still valid?

5. Will Company A ever get notified about the VISA transfer by Company B? If Yes, will there be issues in VISA transfer?

Can anyone please provide the answers to my queries.

Thanks in Advance!

--Maddy

  • 4 weeks later...

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