Prospective Employer - delaying documents

[Jack.mad]

Hi there

My prospective Employer sponsored my H1 and petition got approved in Oct 2012.

Although I had received approved petition notices from them and I am still waiting for them to provide Client letter etc to aide the Visa stamping process. It almost 5 months gone and they are still buying out time from me to send these documents.

1. What should I do now ?

2. Since my H1 petition states oct 2012 as start date, I haven't got my visa stamped yet. Will this eat my visa validity period of 3 years? That's will I loose 5-6 months of time in visa.

3. Some new employer can transfer my petition and do visa stamping ?

4. Can my current employer sponsor a new L1b ? Will they would get access to h1 petition details when they process new L1B?

I am in India now.

Please advise.

Cheers.

[Jack.mad]

Any help pls.

[lostpacket]

1. What should I do now ?

Wait for the client letter.

2. Since my H1 petition states oct 2012 as start date, I haven't got my visa stamped yet. Will this eat my visa validity period of 3 years? That's will I loose 5-6 months of time in visa.

Yes , it will eat up the validity period on the current petition. However, total time on H1b is 6 years which is counted only when you are in US. So don't worry about eating up the time.

3. Some new employer can transfer my petition and do visa stamping ?

You can always transfer you H1B. Your new employer needs to file a new H1B with cap exempt (means current yeat quota does not apply in your case).

4. Can my current employer sponsor a new L1b ? Will they would get access to h1 petition details when they process new L1B?

What do you mean by they ? US Consulate or your employer ?

US Consulate may not know that you already have h1b for the same company but you are trying L1b with the same company. I am not sure.

Further, it depends on your company if they want to apply your L1b as their investment will go waste on your h1b.

[Jack.mad]

What do you mean by they ? US Consulate or your employer ?

US Consulate may not know that you already have h1b for the same company but you are trying L1b with the same company. I am not sure.

Further, it depends on your company if they want to apply your L1b as their investment will go waste on your h1b.

My current employer is X and h1 petitioner is Y. They are different.

Since X is planning to file a new L1B, will they get to know my H1 petition with Y?

If this known, it will complicate my current employment . So I want to be cautious and move things accordingly.

Please advise.

Cheers