H1b filing / using /transfer issues

[fortyfour]

Hi,

I have multiple questions regarding the forthcoming H1B filing and my situation. I have a small IT employer in USA who is willing to file H1B and take me on his payroll and get me into projects. However his projects are very small in nature and short terms 3 months or 6 months max. I work for big MNC in India, but no chances of going to USA through them. If I take up the job with the small IT employer, my level of work will be lower than what I'm doing now and hence I'm completely confused, which I informed the small IT employer as well. Small IT employer is co-operating as he is my friend's friend.

However I have some questions with regard to my personal situation.

1a) H1B approval comes, upto how long I can wait and go for stamping? Say can I still do it say 2014 July or so? If that is possible, will I get problem in POE, officer asking you I'm coming so late??

1b) Continuing to the above question, if the above is possible, can I do the stamping in July 2015 and go later also?

2) If I have made the stamping now itself can it be possible for a H1B transfer with another prospective good employer? This is without leaving India say until July 2014.

3) Assuming I have stamped my H1 Visa and not travelled yet. Meanwhile situation changes and if my current MNC organisation says that I can be posted in USA, do they need to apply L1B or can they do H1B transfer? If they do L1B, will it be a problem having the H1 Visa stamped in my passport? How this can be handled?

Sorry, for asking multiple questions, I'm stuck due to many personal reasons, answers from experts can give more clarity to make informed decisions.

Thanks,

fortyfour

[wiweq]

" Small IT employer is co-operating as he is my friend's friend."

=> Smells fishy! I would suggest stay away from the employer who pretends like a friend.

Better to join a company who act more like an employer.

Back to your questions, once H1b is approved, you can go for stamping at any time. But you should have valid job with documented proofs. You should have these documents at POE too.

[fortyfour]

Thanks wiweq, of course the friend is more of a employer.

Could anyone clarify my questions 2 and 3?

[itsmeusa]

2. You can not transfer H-1B while in India.

3. You can not transfer H-1B while in India. You may need to get L1B visa. Please check if US consulate will cancel your H-1B visa or not when they issue L1B visa.

[Attorney_25]

1. If you don't intend to enter the US until 2014 or 2015, it's questionable whether the employer really has a job to offer you, as the job needs to be available immediately. Why not wait to have the petition filed if you don't need it for a year or more? Keep in mind employer is paying to support your whims, and you are not permitted to reimburse him. A person can wait to apply for their visa, or wait to enter the US, under the right circumstances, but there is an appearance of something wrong here.

2. Not sure what you want. If you enter on 1st employer's visa, you need to actually work for that employer (unless you are also carrying approved petition of 2nd employer and did not commit fraud in obtaining the visa in the first place). After you have worked for them for a while, you can transfer to another employer.

3. There is no apparent issue here. If corp has an L-1B job for you and you qualify, then they can file L-1B. If they have an H-1B job for you and you qualify, then they can file H-1B. It is permissible to have both an L-1 and an H-1B visa in the passport. You can only use one at a time to enter the US - the appropriate one for the job you are entering to take.

Plesae consult with a qualified immigration attorney to ensure that your situation is handled properly.

[wiweq]

"2. You can not transfer H-1B while in India.

3. You can not transfer H-1B while in India."

=> Both are wrong. H1b transfer is nothing but new H1b exempted from annual cap. This can be done from any part of the world.

[t75]

"transfer" used on this forum requires that someone be physically in the US and in status. A new petition not subject to cap can be filed but that is not the same as a transfer because it requires that the approval notice be in hand prior to US entry,

[wiweq]

""transfer" used on this forum requires that someone be physically in the US and in status."

=> If beneficiary is in USA on H1b and same or different employer is filing his/ her H1b, in both cases it's called 'H1b extension'. Let's use the correct term.

[itsmeusa]

Thank you t75 for clarifying.