Possibility of rejection of H1 stamping because of delayed start at job, and H1 transfer options because of marriage?


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Hello, I was working on OPT up until it expired in January 2015. I returned to my home country, at that point (within the 60 day grace period) and my company applied for an H1-B during the April 2015 cycle. I successfully got through the lottery and the H1 was approved in July 2015. However for family medical reasons, I could not return to the US as scheduled to start work on Oct. 1. Because I knew in advance that I could not go and take up the job, I never applied for the H1 visa stamping. In the mean time, I have continued working in my home country

I am now planning to move back to the US but have the following questions/concerns which I hope I can get advice on:

1. Considering I never applied for the H1-visa stamping, am I now at a higher risk of the visa application being rejected because I am applying after the Oct 1 start date? I would be returning to the same employer who petitioned for my H1.

2. Does the H1 timer kick in from the approved Oct 1 start date OR from the date my visa is approved OR from the date I enter the US on the H1 visa?

3. Even though I did not apply for the H1 stamping, I applied for a B1/B2 visitor visa in August 2015, and was granted 5 years. I subsequently traveled on that visa in September 2015 as I had to go sort out moving my things into storage since I could not return to work in October. Could this negatively impact my H1 visa approval?


4. If I now apply for the H1 stamping, would my visitor visa get cancelled?


5. Since I haven't worked on my H1 yet, I am wondering how feasible it will be to transfer it to another company upfront? I am getting married later this year but my fiance is completing his PhD in a different state so I would like to move there. Would it be more advisable to start off at my old company and then transfer the H1 after working there for a few months?

6. If the transfer request is denied, can I still work for the original sponsoring employer or will my H1 approval be considered cancelled?


7. Could a different employer file a brand new H1 petition on my behalf or would it cause problems that I have an existing H1 approval which is not being used? Would this new petition be subject to the H1 cap limit?


8. If I do not use my H1 approval this year, and the sponsoring employer does not request for the approval to be revoked, would I still be able to use the approval to apply for stamping next year (2017) with the same employer? How about transferring to a new employer?


Grateful for any insight that could be provided. Thanks in advance!


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1. No risk at all.

2. From the time you enter US on H1B visa.

3. No.

4. No.

5. You need to work for employer who filed your cap subject H1B petition before you can transfer to new employer.

6. Yes, as long as H1B petition by employer is not revoked.

7. A new cap subject H1B petition can be filed in April 2016. For cap exempt H1B petition you need to follow 5.

8. Yes. Transfer to new employer read 5.

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1) No

2) from the date you enter the US in H1 visa status

3) No

4) Probably not but it depends

5) you have to work with the original petitioning employer to get into h1 status... Once you have worked for him you can ask another employer to transfer your H1. But you need to work first with the original petitioning employer or else you have no H1.

6) you can work with the original sponsoring employer

7) if you do not work initially for the original optioning employer , you have no h1. So obviously any fresh H1 will be counted towards the cap and therefore lottery.

8) You can go wherever u want for stamping but you have to work for the first employer otherwise you have no H1 and therefore nothing to transfer

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