Prospective Employer - delaying documents


Jack.mad

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Posted

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.

Posted
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.

Posted

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

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