Originally posted by Pankaj Kumar Singh:
Disclaimer: I have read all the posts in this group about Visa/Visa tranfer etc.
I am confused about the visa process because of contradictory statements I am receiving from various sources. If someone has H1B visa with one company and he/she has never travelled with that Visa which one of the following is technically correct
1) He/She can go to US with a new employer and apply for the transfer there
NO , You can not apply for H1 transfer until unless you are employeed in US (needs pay stub /W 2 etc),You can not work until you have H1 petition approved or filed . First time travel with misleading and confusing documents ,definetly causes immigration problem ,face difficulty and risk of deportation .
2) He/She can use the petition which was used by the old employer to file a fresh visa.
No , Not at all option , H1 petition is used for same Employeer /Visa stamping .
3) He/She can use the petition which was used by the old employer to file a transfer on that visa by new employer.
Sense less , Transfer is not option .
4) He/She HAS to file a fresh visa to go to US. That visa is not valid anymore.
Exactly true !
If you failed to travel in reasonable time even your stamped visa employeer has to provide proper document with explaination .
as per law H1 petition approved needs to be cancelled in 6 months if candidate failed to start work for company .
In my case someone is saying that only option 4 is valid and you have to file a new visa.
any suggestions
[ August 17, 2006: Message edited by: NJ Joshi ]
