Regarding H1B transfer and travel USA with old employee h1b visa and petition

[anil kumar]

Hi,

I got visa thru company-A and i have been to US for five months then back to india last year december. Now I left company-a, looking for h1b transfer thru which I can come to US, during this process i got below situations...Can you please help me out .

1.Can i transfer my VISA to company-B while i am in india ?. if so what are all documents company-B required for transfer ?

2. Do they need any client letter for visa transfer ?.

3.After petition approval from company-B do I really need H1B stamping again ?(my current visa valid till sep-2014).

4.Can i enter into USA using company-A visa and petition ?.Becuase many desi consultency's suggesting me to come to USA using old visa afterwords they do transfer.

5.How to know whether my visa is canclled or revoked from company-A ?.Is there any link where i can check the visa status.

6.I got few consultency's and they are giving below options to enter into US.

a.I need to travel into usa using company-a stamped visa and petition, after entering into US they do visa transfer. If i go like this is there any chances of falling into issues at POE.

b. If I caught what will happen at POE?, as per your expereince is it fine if go US in this way . Is there any one sucessfully entered into USA using old employer petition and vsia.

c.The emplyer-B going to give a client letter,project related documents and offer letter from US, at the time of POE emplyer-B is asking me to show his clinet letters so that I can pass POE easily .Is it acceptable way to enter into USA without landing on any issues ?, here also I will be using old visa and old petition.

7. Usally how long does it takes to cancel VISA or withdraw petition?

8. After withdraw petition from employer-A , can I transfer my VISA ?

Thanks in advance for your valuable reply.

Thanks and Regards,

Anil.

[pontevecchio]

1. No. Visas are not transferrable. Since you have been capped any suitable H1 sponsor can file and get a H1 petition approved for you and then you can use the existing visa stamp to come over.

2. You have the wrong idea. They are giving you a job and it is their responsibility to provide necessary documentation for your H1 petition.

3. NOt necessarily.

4. That would be illegal and an extremely bad and idiotic idea.

5. They had to revoke the H1 petition. That is the law. That does not affect your total of 6 years in H1 status.

6. a...illegal and possible ankle bracelets and detention.

6b Deportation and ankle bracelets if you are lucky.

6c. Again illegal.

7. That is no concern to you and does not affect you.

8. A new H1 employer can file and get a H1 petition approved non cap and you can then come and join him using the existing visa. Please repeat... VISA MEANS A STAMP IN THE PASSPORT. It is issued by Uncle Sam and only the USA can revoke a visa.

Stay away from shortcuts. Stay away from dalals. Is not possible to get a job in Shining India? If you join one of the big IT companies they may be able to send you.

[anil kumar]

Thanks you so much for needful information.Sure I will be away from shortcuts.

[pontevecchio]

Good for you. Sorry to be blunt, but taking unnecessary risks makes no sense.