H1 Transfer from india issue with Employer company Temp Suspension

[ybadrinath]

Hi,

 

I have H1b Stamping from Company A witt visa valid till mar 2016, but due to some reason the employes company has got into problem claim that his company has got temporary suspension and asking me not to travel on the Visa till further confirmation from him , but if i apply for H1 transfer to company B

 

1.Can i travel with the Exisitng visa with new I797 approved

2.Do i have to go to fresh stamping as the company has run into trouble

3. incase if the employeer cacel the Work permit or gets cancelled will the visa be still valid for a travel ?

 

i have never travel to USA before.

 

Can someone please advise

 

 

Thanks,

Badrinath

[jairichi]

1. Yes.

2. You have to be specific what this trouble is? Is it financial trouble or being investigated by US immigration? There is a huge difference between them.

3. An employer can revoke H1B petition but this will not affect future H1B petitions.

[pontevecchio]

1. If B gets a H1 petition approved for you ,the existing visa should suffice along with the new H1 approval.

2.Go by what B tells you. If they want a new visa they will let you know. If they do not, use the existing visa.

3. Revocation by A is immaterial to you.

[ybadrinath]

Hi All,

 

Thanks for the reply, another clarification

 

As per my discussion with the employer he claims that there is some investigation happening on his company from US embassy and his H1 renewals are been rejected and having issues @port of entry and not revealing much of further information but claims that he is working with the solicitor to addressed the issue but is not confirming any time schedule for resolution.

 

and even if i say i will take the chance of coming there he is advising not too and warning me that you might be deported back

 

My other questions is that

 

If the Company A Employer cancel my visa and i haven't yet found an Employer B to start my Transfer will this mean that i will be out of my lottery  Cap and again have to start everything from scratch , what i meant is that do i have to go through the lottery system again or what complication will this put me in ?

 

Thanks,

Badrinath

[omshiv]

Is it a desi company? What's the name?

[jairichi]

Take a chance? Have you heard about deportation at POE and being banned entry to US for some years or for life.

If you have not utilized the max allowed stay of 6 years on H1B your future petitions are cap exempt.

[ybadrinath]

Hi Jai,

 

what do you meant by take a chance @port of entry ?

 

i have checked in the below link if the company name is registered as defaulter and the name is not been listed

 

http://www.dol.gov/whd/immigration/H1BDebarment.htm

 

what do you mean by not utilised max allowed stay of 6 years i have not even travelled to US once 

[jairichi]

Hi Jai,

 

what do you meant by take a chance @port of entry ?

 

i have checked in the below link if the company name is registered as defaulter and the name is not been listed

 

http://www.dol.gov/whd/immigration/H1BDebarment.htm

 

what do you mean by not utilised max allowed stay of 6 years i have not even travelled to US once 

Do not take a chance of coming to US when your employer is being investigated. Let employer be cleared of anything by investigating authorities.

Since you have never used your H1B any employer can file a cap exempt H1B petition and you are eligible for 6 years.