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Old Jun 14th 2006, 12:40 pm   #1
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Default H1B visa transferred without working in US

Hi All,

I have given my details below, i would be grateful if anyone could please answer my queries given at the bottom:


Feb 2004: H1B petition of Company A got approved

May 2004: Got H1B visa stamped from US Embassy, Delhi,
with annotation of Company A, visa valid till Feb,2007

September 2004: Quit Company A, never travelled to US.

March 2006: Company B, applied for H1B transfer.

May 2006: H1B transfer got approved, though i have
never worked in US nor do i have any paystubs.

Now i have the H1 visa on passport that Company A got
me and an approved H1B transfer petition of Company B.

My questions are as follows:

1) It might sound stupid to ask now that it has been
aproved but can H1B be transferred without ever
working/being in US ?

2) Is the H1B visa (carrying Company A's annotation)
on my passport still valid ? Could Company A have
cancelled it ? How can i find out ? Can i use it to
travel and work for Company B.

2) Though the transfer petition has been approved
would it cause a problem if i use it to travel with my
H1B visa?

Thanks,
JJ
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Old Jun 16th 2006, 1:33 am   #2
Bob
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Default Re: H1B visa transferred without working in US

In article <31$379353$3631939$1150288841@britishexpats.com> , joejaq
<member23384@british_expats.com> wrote:

    > Hi All,
    >
    > I have given my details below, i would be grateful if anyone could
    > please answer my queries given at the bottom:
    >
    >
    > Feb 2004: H1B petition of Company A got approved
    >
    > May 2004: Got H1B visa stamped from US Embassy, Delhi,
    > with annotation of Company A, visa valid till Feb,2007
    >
    > September 2004: Quit Company A, never travelled to US.
    >
    > March 2006: Company B, applied for H1B transfer.
    >
    > May 2006: H1B transfer got approved, though i have
    > never worked in US nor do i have any paystubs.
    >
    > Now i have the H1 visa on passport that Company A got
    > me and an approved H1B transfer petition of Company B.
    >
    > My questions are as follows:
    >
    > 1) It might sound stupid to ask now that it has been
    > aproved but can H1B be transferred without ever
    > working/being in US ?
    >
It is my understanding that the company's petition for H1 specialty
worker which allows you to start working.

H1 status are not tranferred, the second company is treated just as a
new application, the only real difference is the processing channel in
the USCIS. It not really related to the Company A application but it is
my understanding that the "transfer" type of application you did does
not count on the quota. I'd really like to know if the second approval
included an I-94 disembarkation document. I suspect not.

    > 2) Is the H1B visa (carrying Company A's annotation)
    > on my passport still valid ? Could Company A have
    > cancelled it ? How can i find out ? Can i use it to
    > travel and work for Company B.

You can use it to travel up to the expiration date on the visa. Sorry
no comment about finding out the cancellation. As an H1 employer, I
have no information given to me with the approval notice about how to
cancel an H1. Must be some way. Did you look at the USCIS case status
page? With the case number, maybe you can see the current status (last
action on that case).
    >
    > 2) Though the transfer petition has been approved
    > would it cause a problem if i use it to travel with my
    > H1B visa?
    >
No. See above.

    > Thanks,
    > JJ
 
Old Jun 16th 2006, 4:11 am   #3
Raz102079
Guest
 
Posts: n/a
Default Re: H1B visa transferred without working in US

    > Hi All,
    > I have given my details below, i would be grateful if anyone could
    > please answer my queries given at the bottom:
    > Feb 2004: H1B petition of Company A got approved
    > May 2004: Got H1B visa stamped from US Embassy, Delhi,
    > with annotation of Company A, visa valid till Feb,2007
    > September 2004: Quit Company A, never travelled to US.
    > March 2006: Company B, applied for H1B transfer.
    > May 2006: H1B transfer got approved, though i have
    > never worked in US nor do i have any paystubs.
    > Now i have the H1 visa on passport that Company A got
    > me and an approved H1B transfer petition of Company B.
    > My questions are as follows:
    > 1) It might sound stupid to ask now that it has been
    > aproved but can H1B be transferred without ever
    > working/being in US ?
    > 2) Is the H1B visa (carrying Company A's annotation)
    > on my passport still valid ? Could Company A have
    > cancelled it ? How can i find out ? Can i use it to
    > travel and work for Company B.
    > 2) Though the transfer petition has been approved
    > would it cause a problem if i use it to travel with my
    > H1B visa?
    > Thanks,
    > JJ
    > --

International Students can find anything at www.f1resources.com. I use
it and recommend it.

--
Posted via http://expatforums.com
 
Old Jun 21st 2006, 2:52 pm   #4
Just Joined
 
Joined: Apr 2004
Posts: 11
joejaq is an unknown quantity at this point
Default Re: H1B visa transferred without working in US

Hi Bob,

Thats what even i thought that such a transfer is not possible, but note the following in the petition:

Where asked if the person has been to US give SSN #, I94 details, address in US my employer has given N/A, if i had worked in US the SSN would have been filled in so there is no foul play even. (as it remains same even if one leaves US after working there, but i never worked, so N/A was given)

He chose change of employer and not new employment, and has clearly metioned my previous approval receipt number when asked if the beneficiatiary has any previous approval.

Besides check out the last para of this link http://newdelhi.usembassy.gov/visatempwork.html its clearly mentioned that one can enter US on old visa and approved petition.

Let meknow your view's, i would not like to go to US if there is any fould play, that what i want to find out?

Thanks
J
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