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H1b Transfer Without Being Stamped

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  • 02-08-2013, 06:58 AM
    Puja Rahul Agrawal
    H1b Transfer Without Being Stamped
    I have approved H1B from my current employer but it is not yet stamped. I want to resign the company but have few concerns-

    1> Can my employer cancel my H1 upon my resignation?
    2> Can I get my H1 transfer from India?
    3> I there any maximum allowed duration after I resign from my current employer to get my H1B transferred?

    Your help will be really appreciated.
  • 02-08-2013, 07:24 AM
    flyingron
    Re: H1b Transfer Without Being Stamped
    Your visa is invalid the moment you cease to work for the company (under any circumstances). The company is obliged to report the change in status. There is no "allowed duration" or any grace period. Your visa is invalid from the time you quit the sponsoring job. While they're not going to round you up and deport you if you are in the US, if you are overseas you WILL be denied entry.

    Your new employer will have to go through the whole H1B sponsoring process and you'll need to get your new visa issued.
    It would behoove you to get your new position lined up before quitting your other job.

    Frnakly, you're reprehensible. The company that got your existing H1B has invested substantial money to get your visa.
  • 02-08-2013, 11:30 AM
    Mr. Knowitall
    Re: H1b Transfer Without Being Stamped
    If by "cancel" you mean "revoke", yes, an employer can revoke your H1B visa, but few take that step. It wouldn't make much difference in your situation, as it appears you are planning to change employers without ever entering the U.S.
  • 02-09-2013, 02:38 AM
    Puja Rahul Agrawal
    Re: H1b Transfer Without Being Stamped
    The reason I am looking for such option is because my current employer has told me that there is no opportunity till next year and has asked me to pay them the visa fee and take the documents. Please advice.
  • 02-09-2013, 06:38 AM
    flyingron
    Re: H1b Transfer Without Being Stamped
    Sounds like you're current employer is abusing the whole purpose of H1B. He was already supposed to attest a need for the foreign worker that couldn't be met with a legal US worker. Further, the way he worded it sounds like he was intending to contract you out which is also not supposed to be happening with H1B workers.
  • 02-09-2013, 10:42 PM
    T53147
    Re: H1b Transfer Without Being Stamped
    Are you inside or outside the US?

    In spite of what you have heard, there are many unemployed, skilled, technical and business specialists. Your employer is more honest than many
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