H1b Stamped but still in India


nefan

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Hello guys,

 

I have my H1B stamped but I am still in India as my employer isn't willing on getting me over to US as i am working for the client in India. For some reason, he isn't willing to move me to a different client and get me to US. Now, Can i change my employer and transfer my H1 but still use the current visa stamp to go to US? My employer's name is printed on the visa stamp. Do I have to go for stamping again? Is this my only option?

 

thanks in advance.

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Hello guys,

 

I have my H1B stamped but I am still in India as my employer isn't willing on getting me over to US as i am working for the client in India. For some reason, he isn't willing to move me to a different client and get me to US. Now, Can i change my employer and transfer my H1 but still use the current visa stamp to go to US? My employer's name is printed on the visa stamp. Do I have to go for stamping again? Is this my only option?

 

thanks in advance.

Another employer can file a cap exempt H1B petition and on approval with a valid visa and new I797 you can travel to US. You would need to ask your new employer's attorney whether it is fine to use old visa. Since you never used them mostly you would be suggested to go for fresh stamping.

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@rahul, I can change the employer and applu for a fresh H1 petition. My question is can i still travel to US on the same old visa stamping. I am hesitant to go to visa stamping again bcoz I have the most common muslim name and have been given a 221g thrice(once for F1 and again 2 for this H1 for background checks).

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@rahul, I can change the employer and applu for a fresh H1 petition. My question is can i still travel to US on the same old visa stamping. I am hesitant to go to visa stamping again bcoz I have the most common muslim name and have been given a 221g thrice(once for F1 and again 2 for this H1 for background checks).

If you are entering into US on H1 status, all you need is your 797 and valid H1 VISA stamp. It doesn't matter if it has your old employer's name on it.

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