Change of Employer in H1B (Counselor processing Case)


Vidiyala

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Hi,

Please find the scenario of my brother, any help is highly appreciated.

My Brother who is in INDIA currently and he is working for XXXXXXXX from last one and half year, XXXXXXXX filed his H1 B last year so that they can send him to USA and make him work for one of their clients in USA and he also got his H1 B stamping done in this process, Because of few financial issues with the client they are not ready to send him to USA.

So what are his options to come to USA, Can he transfer his H1B to some other company and come to USA with his existing H1B stamping or he needs to wait till XXXXXXXX company sends hims onsite ?

FYI: He also have a valid B1 stamping which was sponsored by his old employer GOOGLE about 3 years back but he never been in USA due to similar issues.

Thank you..

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Generally, a new employer can file an H1B petition on behalf of the beneficiary for consular notification. Upon approval, the beneficiary may be able to use the previously issued visa and the new I-797 approval notice to enter the U.S. It is important the beneficiary present the new I-797 at the port of entry. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of this case and to determine the best options for coming to the U.S. on valid H1B status.

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