sharmaremuk Posted April 10, 2014 Report Share Posted April 10, 2014 Hi , My H1-B Visa stamping was done on Nov 11th 2013 and validity was until Mar 10th 2014. My employer applied for my extension and the same is pending with USICS. The project got scrapped and now my employer is asking me to return to india by May 15th 2014. In this scenario 1) Will my extension be rejected if I am not in the US 2) In case my extension is approved and I am not in US then should I go for stamping again in India 2) Can I change my employer .Will my new employer be able to transfer the extension. 3) If I try to change my employer can my present employer proceed against me What are my options Eagerly looking forward for your reply Thanks helpful Attorneys. Link to comment
jairichi Posted April 10, 2014 Report Share Posted April 10, 2014 Hi , My H1-B Visa stamping was done on Nov 11th 2013 and validity was until Mar 10th 2014. My employer applied for my extension and the same is pending with USICS. The project got scrapped and now my employer is asking me to return to india by May 15th 2014. In this scenario 1) Will my extension be rejected if I am not in the US 2) In case my extension is approved and I am not in US then should I go for stamping again in India 2) Can I change my employer .Will my new employer be able to transfer the extension. 3) If I try to change my employer can my present employer proceed against me What are my options Eagerly looking forward for your reply Thanks helpful Attorneys. 1. Your employer will be revoking your H1B as your project is done. So, there is no possibility of approval. 2. If your H1B visa has expired then the answer is Yes, but only when a job is available. 3. Yes, but I believe your I94 has expired. Approval of a new cap exempt H1B petition would be as consular processing. 4. No. Link to comment
rahul412 Posted April 10, 2014 Report Share Posted April 10, 2014 In this scenario 1) Will my extension be rejected if I am not in the US 2) In case my extension is approved and I am not in US then should I go for stamping again in India 2) Can I change my employer .Will my new employer be able to transfer the extension. 3) If I try to change my employer can my present employer proceed against me 1. No, it won't be rejected. But if you receive RFE, then your H1 is in trouble 2. If your H1 stamp is expired, then yes 3. Yes you can 4. No one knows. Link to comment
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