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Confused about Visa process

Pankaj Kumar Singh
Greenhorn

Joined: Aug 17, 2006
Posts: 1
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
2) He/She can use the petition which was used by the old employer to file a fresh visa.
3) He/She can use the petition which was used by the old employer to file a transfer on that visa by new employer.
4) He/She HAS to file a fresh visa to go to US. That visa is not valid anymore.

In my case someone is saying that only option 4 is valid and you have to file a new visa.
any suggestions
NJ Joshi
Ranch Hand

Joined: Jun 14, 2006
Posts: 82
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 ]
Ulf Dittmer
Marshal

Joined: Mar 22, 2005
Posts: 42292
    
  64
Instead of relying on hearsay and internet bulletin boards, it might be better to consult the web sites of the US state department and other relevant authorities, or possibly an attorney that specializes in this area.


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