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current and prospective employer's role in H1B

Rr Kumaran
Ranch Hand

Joined: Sep 17, 2001
Posts: 548
Hi All,

I am currently holding H1B Visa and I am from INDIA. This visa has been filed by my employer in INDIA. Say if I quit my current employer then what does it take to go to US. Can I go like that and what are the pros and cons and what documents do I need to have with me before I try to go to US and after I go the US. Please clarify ....

Also if anybody can share their experiences when involved in such scenarios then it would be great.


Thanks & Regards


RR Kumaran
SCJP 1.4
trupti nigam
Ranch Hand

Joined: Jun 21, 2001
Posts: 613
Your question is not clear to me.
Say you are working for employer A and you have H1b visa filed by this employer A.
Are you presently in India or in US?
If you are in US and if you leave your present employer who has filed your H1B visa then you will be on illegal status and can not continue to stay in US and should return to India.
If you want to stay in US and quit your present employer then look for another employer in US who can file for your H1 (or transfer your presnet H1) so that you can continue your stay in US.

If you are in India, then you won't be able to come to Us without valid visa. you have to look for another employer who will file your H1 and then you can come to US.
Hope this answers your question.

Thanks,
Trupti
Rr Kumaran
Ranch Hand

Joined: Sep 17, 2001
Posts: 548
Hi Trupti,

It seems that you have very good knowledge about these H1B issues.

I am presently in INDIA and thro' my present employer I have got H1B Visa Stamping in CHENNAI. Now my question is, can I go to US on this visa if I quit my present employer.

If so then
1. what are the issues involved in it ?
2. What problems may I face in INDIA and in US if I reach to US ?
3. What all documents I need to go to US

If not then
1. is this Visa completely useless ?
2. Do I need to apply again ?


Thanks & Regards,
Jeroen Wenting
Ranch Hand

Joined: Oct 12, 2000
Posts: 5093
Your H1 is directly tied to your employment status with the company that applied for it.
If you leave that company your visum becomes invalid. Any attempt to enter or stay in the USA based on that visum would make you an illegal alien subject to summary extradition (and resulting black mark making it impossible for you to legally enter the USA for a long time).

Edit: if you quit your job with the company that applied for the H1 while in the US you have a grace period of I think 1 month to leave the country or get another visum.
[ March 08, 2005: Message edited by: Jeroen Wenting ]

42
Rr Kumaran
Ranch Hand

Joined: Sep 17, 2001
Posts: 548
Adding to my information in my original post, what all documents I need before taking flight to U.S from INDIA and after I reach to U.S.

Also, why job sites like Monster ask for people with H1B. If holding H1B means we cannot work for another company other than the one which sponsored your H1B then how can these job sites ask for people holding H1B and try to recruit them and make them work for other companies ? Is my understanding wrong ? Can anyone please confirm ?
soniya saxena
Ranch Hand

Joined: Nov 18, 2004
Posts: 300
if u have an H1B from Employer A, and u have recent salary slips from Employer A for having worked in US, then u can easily do an H1 transfer to Employer B. This explains the Monster phenomenon.

Abt what documents u need to enter US, the company who has filed ur H1 will provide all the necessary information. Dont try to enter US without their know-how. U will end up screwing urself.

Originally posted by RR Kumaran:
Adding to my information in my original post, what all documents I need before taking flight to U.S from INDIA and after I reach to U.S.

Also, why job sites like Monster ask for people with H1B. If holding H1B means we cannot work for another company other than the one which sponsored your H1B then how can these job sites ask for people holding H1B and try to recruit them and make them work for other companies ? Is my understanding wrong ? Can anyone please confirm ?
Rahul Juneja
Ranch Hand

Joined: Aug 03, 2002
Posts: 425
Hi,

Can anybody please help me as I am interested in moving to US for Job I am Software Engineer with Masters in Computers from India and SCJP2. I am presently working with a SEICMM level 5 company in India with a headcount of 10,000+ people. Also I have an experience of around 2.5 years..

If anybody has any consultants or contact thru whom I can file my H1-B please do forward the same to me ASAP

Cheers,
Rahul
rahulj2k3@yahoo.com


Rahul Juneja
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