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H1B transfer queries - IL

 
Ranch Hand
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Hello everybody.

I am on H1B for company X. Visa for company X and I-94 are valid till - Oct 2008.

Company Y is ready to file for h1 transfer. My questions are:

If h1 transfer to company B is approved then
1> Do I need to go back to my home country to get my visa stamped? In other words, do I need to attend Interview at US Consulate in Home Country for stamping.

2> New H1 approval is sent along with new i-94, right? If so, will my current I-94 become invalid?

3> What if new H1 approval is sent (but with no i-94)..do I need to leave country and re-enter (possibly from home country or Canada), to have valid I-94?

Any help appreciated.

Thanks.
 
Ranch Hand
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Hello everybody.

I am on H1B for company X. Visa for company X and I-94 are valid till - Oct 2008.

Company Y is ready to file for h1 transfer. My questions are:

If h1 transfer to company B is approved then
1> Do I need to go back to my home country to get my visa stamped? In other words, do I need to attend Interview at US Consulate in Home Country for stamping.

2> New H1 approval is sent along with new i-94, right? If so, will my current I-94 become invalid?

3> What if new H1 approval is sent (but with no i-94)..do I need to leave country and re-enter (possibly from home country or Canada), to have valid I-94?

Any help appreciated.

Thanks.




Answers:

1) No. You do not need to go back to India .
2) I -94 is issued at the port on entry and will be valid irrespective of whether you are working for X Y or Z company.
3) You do not need to .

To cut the long story short . H1 Transfer doesn't mean that a new Visa is going to be issued .. Your counsel / employer / lawyer will take care of everything . I can say this as I have done the same few months back .

I hope it helps.
 
Ranch Hand
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I am not a lawyer so I can not tell you authoratively that these are the answers to your queries, for that please contact
a competent immigration lawyer but what I can tell you is my (and also few of my friend's ) personal experience. I also was in same situation as you are now. Company Y transferred my H1 while I was working for company X in US. Then once the visa was transferred, I moved to company Y but didn't go back to India just to get my visa stamped. After about six months working for company Y, I went to India on vacation and got the visa stamped. I took Notice of action and pay stubs from the new company with me to the consulate. So I guess you don't have to go to India or any other country to get your new visa stamped in your passport. I think the reasoning is, you already have a valid visa, so you can stay in the country legally and you can work legally for company Y 'cause you have a valid work permit (notice of action - I 797) from them.
About I-94 I really don't know the legality in detail but I think when you will leave the country, that time immigration office will collect your existing I94 and at the time of entering US again, Immigration officer will issue you new I94 at the port of entry. Again I am stressing that this is my limited understanding in this matter and is based on my own and few of my friends experiences.
 
Greenhorn
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You are not required to go back to india for stamping.
But if you happen to go to india for vacation / any other purpose, you cannot enter US again before getting the VISA stamped - so you will have to plan ahead and book appointment.
 
Myra Rose
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Oh! Thanks guys.

About "Stamping"..its very clear to me now.

About "I-94"..I need to wait for more repsonses .. If No I-94 is issued with H1 approval, then what is legal thing to get it done.

Thanks again.
 
Ranch Hand
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You have a valid visa till 2008. Ever heard of AC21 Portability??

check this out:
http://www.usvisahelp.com/art_AC21.html

On this page, read from paragraph starting with:
"One issue that might come up for aliens who use H-1B portability is the question of whether they can travel outside the United States"

This should answer all your queries.

Thnx,
Afroz
 
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See at the bottom right hand corner of your approval notice.
That's your new I-94.
You would however get a new I-94 on your port of entry when you enter USA from India.
[ August 02, 2006: Message edited by: Nurat Lamos ]
 
Ranch Hand
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Has anyone recently have had the experience of having their H1B transferred recently AND having the visa stamped on their passport, from Canada?
Is there a long wait time to get an appointment at the Canadian US Embassy ?
Is there a good FAQ list site, for Canadian/Mexico H1B transfer visa stamping?

Thanks
 
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