aryan.007 Posted August 7, 2014 Report Share Posted August 7, 2014 Hi all, I work for company A in India. A consulting company B in USA filed my visa petition and I got the lottery[2013] and got It stamped as well [recently]. Now my company A wishes to retain me and wants me to work for them in USA. I am inclined towards my current company ans wish to continue with them. 1. Can I travel to USA with visa stamped in name of B? 2. If YES. Will the immigration Officer at port of entry not ask something about B? 3. If 1 and 2 works, then company A wishes to start the visa transfer process just after I land in USA. Is that legal? Please let me know you thoughts about these and any feedback will be highly appreciated. Any other way I should go about this. Thanks a ton. waiting Link to comment
JoeF Posted August 7, 2014 Report Share Posted August 7, 2014 Company A would have to file a new H1 for you while you are still abroad. Do NOT travel with the visa for company B if you don't intent to work for B. That would be immigration fraud. Link to comment
jairichi Posted August 7, 2014 Report Share Posted August 7, 2014 You can travel to US with existing valid H1B visa. But, you will also need cap exempt H1B petition approved with employer A before you can travel. In other words the transfer has to be approved before you travel to US and not after travel. Link to comment
mirage13 Posted August 7, 2014 Report Share Posted August 7, 2014 1. yes , if the visa is valid . 2. maybe . 3. i want to know . Link to comment
rahul412 Posted August 7, 2014 Report Share Posted August 7, 2014 You need A's approval in order to enter into US. Entering without approval leads to deportation. Link to comment
aryan.007 Posted August 7, 2014 Author Report Share Posted August 7, 2014 please share your views Link to comment
rahul412 Posted August 7, 2014 Report Share Posted August 7, 2014 1. yes , if the visa is valid . 2. maybe . 3. i want to know . But OP needs 797 (approval ) too not just visa. In this case he doesn't have 797 from A. Link to comment
mirage13 Posted August 7, 2014 Report Share Posted August 7, 2014 But OP needs 797 (approval ) too not just visa. In this case he doesn't have 797 from A. but if the initial intention is to work for emp A , he can travel on h1b visa from B . Link to comment
rahul412 Posted August 8, 2014 Report Share Posted August 8, 2014 but if the initial intention is to work for emp A , he can travel on h1b visa from B . He can travel with B's visa but needs A's 797. Link to comment
aryan.007 Posted September 3, 2014 Author Report Share Posted September 3, 2014 Thanks All, Sorry for responding so late. So I understand that my transfer has to be applied before I travel on H1. some attorney in USA is suggesting that I go there and then transfer visa. So confused. Aryan Link to comment
rahul412 Posted September 3, 2014 Report Share Posted September 3, 2014 Thanks All, Sorry for responding so late. So I understand that my transfer has to be applied before I travel on H1. some attorney in USA is suggesting that I go there and then transfer visa. So confused. Aryan Contact murthy firm. Link to comment
JoeF Posted September 3, 2014 Report Share Posted September 3, 2014 Thanks All, Sorry for responding so late. So I understand that my transfer has to be applied before I travel on H1. some attorney in USA is suggesting that I go there and then transfer visa. So confused. Aryan Actually, the transfer has to be APPROVED before you can travel. You can NOT travel without the approval if you don't intent to work for the old employer. It would be immigration fraud. Link to comment
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