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  1. #1
    Join Date
    Jan 2009
    Posts
    7

    Default H-1B Transfer, Expiration and Visa Stamping

    Hello,
    I want to transfer my H-1B visa from Company A to Company B due to payment issues. MY first 3 year H-1B issued from Company A expires May 31, 2009. I was told that H-1B transfers will result in the automatic extension for 3 years (that is, the second H-1b period). I have the following questions -

    1. If I transfer my H-1B to company B in Feb 09, will my new H-1B have an expiration date of Feb 2012? If so, what will happen to the remaining 3 months on the first H-1B duration? (If I did H-1 extension from company A itself, would it will show expiration for May 2012) My visa stamp in passport is also till May 31, 2009.

    2. Can I start working for Company B as soon as I get an H-1B transfer application receipt? Or should I wait till I get the actual I-797? ( I don't want to have a break in work or pay as Company B is the client I am working through Company A).

    3. In the middle of all this, I am afraid I have to go to India at the end of Feb 09, irrespective of transfer. As my visa in passport expires in May 2009, would there be any problems re-entering USA when I come back? This is assuming that I don't have official documentation for new H-1. (Would it be ok though if I had a receipt for H-1 transfer/extension as discussed above?)

    4. Last but not the least, I heard we have to go to India for stamping and not anywhere else like Canada or Mexico from 2009 onwards. Is this true and mandatory?

    Apologize for the long list of questions.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: H-1B Transfer, Expiration and Visa Stamping

    Since A and B apparently have a relationship, be sure your employment contract does not have a "noncompete" clause. If you have an employment contract with something like this, have it reviewed by an attorney to make sure that yor current employer cannot take legal action against you for damages.

    1,2- You will likely get an extension and not just the remainder of the original as long as there are not other issues to generate an RFE on the transfer. You may begin work with receipt; there will be issues if you do not receive the aapproval for B.

    3- If you leave while transfer is in processing, you will have to wait to receive the approval notice to reenter the US and work for B. Apply with premium processing for a fast turnaround of transfer.

    4- You should attend your first H1B stamping in your home country. If your first H1B stamping was in your home country, you may obtain renewal stampings in other countries. See the consulate's website for specific information on other situations. There is no reason for you to not get a stamping while in your home country rather than in third country.

  3. #3
    Join Date
    Jan 2009
    Posts
    7

    Default Re: H-1B Transfer, Expiration and Visa Stamping

    I have a F-1 stamping in India from 2003. My first H-1B stamping was in Canada in 2006. This would be my second one. I was told no matter what the case is, the applicant must go to their home country for visa stamping from 2009 onwards and no more stampings in canada, mexico or bahamas.
    I wanted to confirm if this was true.

    Also, can I leave USA in Feb 09 and come back in March 2009 when my visa stamping is due to expire on May 31st 2009? Or is it absolutely necessary (like a DHS / INS rule) to have an extension filed (atleast receipt that extension was applied)?

    Does the same apply for H-1b transfers too? In the same context above as extension?

    Thank you.

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