DoTheRightThing Posted August 17, 2015 Report Posted August 17, 2015 Hi, Company A processed my H1B and I got my H1B Stamped in 2013. But for some resource constraint and project related issues they postponed by trip to US. Now Company B who is in US is willing to hire and transfer my H1B. They have asked me to travel to the US. Please clarify on my below doubts. 1. What documents will I have to carry with me to US to show at the Port of Entry (for the first time)? Is there any link from the USCIS site with the list of documents? 2. Is there any issue / restriction to travel to US for the first time with H1B since the H1B was stamped in 2013 and not used since then. 3. Is it legal to travel to US with H1B visa stamping from Company A and pettition also from Company A and then transfer to H1B to company B immediately after landing in US? If this is illegal then what is the right process to be followed? 4. Is it legal to transfer H1B from Company A to Company B within 15 of landing in the US? If this is illegal then what is the right process to be followed? 5. What is the correct procedure to transfer H1B to company B since I am currently in India and I want to go to US? Please respond to the queries as soon as possible since Im in a total dilema and apologize if this question was already answered in other threads.
jairichi Posted August 17, 2015 Report Posted August 17, 2015 You cannot travel without new employer filing a cap exempt H1B petition and getting approval. Once approved you can enter US with a valid H1B visa (even if it is from old employer) and new I797 (approval notice).
pontevecchio Posted August 17, 2015 Report Posted August 17, 2015 Company B needs to file a non cap H1 petition and get it approved. Then you can use that petition and the existing visa to come over. Any other way would be construed as fraud.
DoTheRightThing Posted August 17, 2015 Author Report Posted August 17, 2015 Thank you for your replies. What documents should Company B provide before I travel to US. - I understand they will provide me the new I-797 document and offer letter but besides that what other documents should I get from Company B? Is there any link on USCIS website or any other legal US immigration website that will explain the following : I can send the links to my new employer to justify my request that a new petition needs to be filed 1. Transfer of H1B of someone who is in US 2. Applying for new petition for a H1B holder when he is NOT in US 3. List of documents that the new employer should provide to the employee. Thanks again
DoTheRightThing Posted August 17, 2015 Author Report Posted August 17, 2015 Thank you for your replies.Request you to please let me know what are the list of documents that my new employer should provide to me before my travel. I understand I will get the new I-797 petition and offer letter, but other than that what other documents should I get from the new employer.Is there any link to the USCIS website or any other legal US Immigration website that gives the rules for the following.1. Transfer of H1B when H1B holder is in US.2. Transfer of H1B when H1B holder is out of US.3. List of documents that the employer should provide to H1B holder before this travel to US, after the new petition is approved.I am asking this so I can send this link to the new employer to justify my request for applying new H1B petition.Thank you
jairichi Posted August 18, 2015 Report Posted August 18, 2015 Thank you for your replies. What documents should Company B provide before I travel to US. - I understand they will provide me the new I-797 document and offer letter but besides that what other documents should I get from Company B? Is there any link on USCIS website or any other legal US immigration website that will explain the following : I can send the links to my new employer to justify my request that a new petition needs to be filed 1. Transfer of H1B of someone who is in US 2. Applying for new petition for a H1B holder when he is NOT in US 3. List of documents that the new employer should provide to the employee. Thanks again Your employer needs to hire an attorney who will detail steps to be taken to hire an alien in U.S.
DoTheRightThing Posted August 19, 2015 Author Report Posted August 19, 2015 Your employer needs to hire an attorney who will detail steps to be taken to hire an alien in U.S. Thank you for your reply, but are there no websites where a H1B holders like me (who may not be able to afford to hire an attorney) can check and understand the legal rules and laws to be followed.
jairichi Posted August 20, 2015 Report Posted August 20, 2015 Thank you for your reply, but are there no websites where a H1B holders like me (who may not be able to afford to hire an attorney) can check and understand the legal rules and laws to be followed. Not you but your employer needs to hire an attorney. They can schedule an initial discussion followed be full paper work. Ask them to talk to an attorney from Murthy law firm.
DoTheRightThing Posted August 24, 2015 Author Report Posted August 24, 2015 Not you but your employer needs to hire an attorney. They can schedule an initial discussion followed be full paper work. Ask them to talk to an attorney from Murthy law firm. I understand that I do not have to hire an attorney and that the new employer has to do this, but can you please suggest websites that has the updated H1B laws for H1B holders like me to check and understand what the updated laws are.
jairichi Posted August 24, 2015 Report Posted August 24, 2015 I understand that I do not have to hire an attorney and that the new employer has to do this, but can you please suggest websites that has the updated H1B laws for H1B holders like me to check and understand what the updated laws are. USCIS website is the best one. Apart from that you can use google search.
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