Got My H1B Stamped but having Employer Issues..Need your advice

[sainathpradeep]

Hi, Here is the my situation, Last Feb 2012 I had an emergency and had to go India. In May 2012 I went for stamping and got RFE, Later I submitted the RFE and in july 2012 Again they Gave another RFE. AT the same time My Amendment got Declined abt which my employer never told me. My payroll got stop from AUGUST 2012...But i was getting paid salary in INDIA but no payroll was running from August till present. Finally In Jan 28th 2013 my H1B got Approved with my old employer . I',m Still working with the Same Client.But i want to change my employer as i had a very bad time with him. I have Few Questions On my Case.

1. How Long can I stay in India After my H1B Stamping is done.

2. Do I need to come to US with the Same Employer.

3. Can I apply H1B Transfer while I'm In India.

4. If my H1B is got transferred while i am in INDIA do i need to go again for stamping in INDIA before coming back to USA or can i come on my existing H1B VISA which is valid till Oct 2014.

Thanks,

Sai

[wiweq]

1. How Long can I stay in India After my H1B Stamping is done.

=> If you are citizen of India, staying in India is your right. Stay in India as long as you wish.

2. Do I need to come to US with the Same Employer.

=> Once you get the stamping, you can change the employer and enter in USE with old visa and new I797.

3. Can I apply H1B Transfer while I'm In India.

=> Yes, another employer can file new H1b for you. This will be cap exempted.

4. If my H1B is got transferred while i am in INDIA do i need to go again for stamping in INDIA before coming back to USA or can i come on my existing H1B VISA which is valid till Oct 2014.

=> 2

[t75]

You may only enter on the approval notice for the employer for which you intend to work. You may use a valid visa stamping no matter which employer's documents were used to obtain it.

[binoca82]

1. How Long can I stay in India After my H1B Stamping is done.

As you/your employer wish.

2. Do I need to come to US with the Same Employer.

Not necessary.

3. Can I apply H1B Transfer while I'm In India.

Yes, actually it will be a cap exempt new H1 petition.

4. If my H1B is got transferred while i am in INDIA do i need to go again for stamping in INDIA before coming back to USA or can i come on my existing H1B VISA which is valid till Oct 2014.

You can travel using the current visa, make sure that you carry the H1 petition for the employer you are going to work in US.