Henry99

I was speaking to my bro-in-law and getting some confused messages about
H1-B visas. Although he did originally get his visa in 2001.

Apparently he started work as soon as his company filed an H1-B application
for him and then left the country a few months later to get the visa
stamped. I didnt think it was possible to work until you have the visa?

Secondly, he says that nowadays if you move comapny, they have to apply for
a new H1-B visa and you have to leave the company tp get it stamped - I
thought you just need to get a transfer?

Finally, he said that he had heard cases where people left the country to
get a new H1 and were not allowed back in because their application for a
green card was considered to be proof that they lied on their H1 application
i.e. they had prior intent on staying in the US.

Can anyone please advise if any of the above comments are true?

Olivier Wagner

"Henry99" <henry99@no_gmail_spam.com> wrote in message
news:[email protected]...
    > I was speaking to my bro-in-law and getting some confused messages about
    > H1-B visas. Although he did originally get his visa in 2001.
    > Apparently he started work as soon as his company filed an H1-B
application
    > for him and then left the country a few months later to get the visa
    > stamped. I didnt think it was possible to work until you have the visa?

It is illegal, but is it sometimes possible to have illegal activities and
get away with it.
So yep, it is possible to do something illegal.

    > Finally, he said that he had heard cases where people left the country to
    > get a new H1 and were not allowed back in because their application for a
    > green card was considered to be proof that they lied on their H1
application
    > i.e. they had prior intent on staying in the US.

H1B allows dual-intent. So the above is incorrect or at least incomplete.
They may have been denied because they lied (whatever the reason why they
did it).
There isn't any question on the DS-156 "do you plan to remain in the US
after" ;
it is the officer who have to come up with that answer based on the info
provided on
the application.

nettlebed

Technically this is unlawful. You can not work lawfully until you have the visa in your passport, even if it has been approved. However, about 15 years ago I was working for a company that transferred me to the US on an an H-1B, and the company attorney at that time (it was a dodgy company, and he seemed very slimy to me) advised me to work and to lie to immigration about what I was doing. I refused, and nearly lost my job over it.
I don't believe this is correct. I think a transfer is possible.
I have never heard of this happening. In any case, H-1Bs are exempt from denial under §214(b). From http://www.murthy.com/news/n_doscab.html

The most frequent reason for nonimmigrant visa denials at the consulates is INA §214(b). This is usually thought of in terms of "immigrant intent" denials. That is, §214(b) specifies that all foreign nationals seeking entry on nonimmigrant status, other than persons seeking H1B, H1C, H-4, L-1, L-2, and V visa categories, are presumed to be intending immigrants. Under this provision, the Consular Officer must be satisfied that the visa applicant is entitled to the requested nonimmigrant status and has overcome the automatic presumption under law that s/he intends to settle permanently in the United States.

It sounds to me as though your brother-in-law is spreading hearsay and gossip without having the real and relevant facts at his disposal. As Olivier says, the reason for denial you quote - that the denial of the second visa was due to having lied about immigrant intent in getting a GC - is very unikely to be the real case. You need to find more information.

Joe Feise

nettlebed wrote on 01/08/06 17:59:

    >> I was speaking to my bro-in-law and getting some confused messages
    >> about
    >> H1-B visas. Although he did originally get his visa in 2001.
    >> Apparently he started work as soon as his company filed an H1-B
    >> application
    >> for him and then left the country a few months later to get the
    >> visa
    >> stamped. I didnt think it was possible to work until you have
    >> the visa?
    >> Secondly, he says that nowadays if you move comapny, they have to
    >> apply for
    >> a new H1-B visa and you have to leave the company tp get it stamped -
    >> I
    >> thought you just need to get a transfer?
    >> Finally, he said that he had heard cases where people left the country
    >> to
    >> get a new H1 and were not allowed back in because their application
    >> for a
    >> green card was considered to be proof that they lied on their H1
    >> application
    >> i.e. they had prior intent on staying in the US.
    >> Can anyone please advise if any of the above comments are true?
    >
    > Technically this is unlawful. You can not work lawfully until you have
    > the visa in your passport, even if it has been approved.


No, that is *not* true.
A visa has meaning only when applying for entry in the US. The stay in the US is
governed by the I-94. If the H1 approval notice contained an I-94 which gave his
status as H1B, he could (and indeed had to) start working, as from that date on,
his status was H1B.

    > I don't believe this is correct. I think a transfer is possible.


As stated above, the I-94 is what counts. If the I-94 is still valid, the person

doesn't need a visa stamp.

For a transfer, the person can actually start working for the new company when

the receipt notice shows up.

It is amazing how many wrong rumors are floating around.


-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

Henry99

Joe Feise wrote:
    > nettlebed wrote on 01/08/06 17:59:
    >>> I was speaking to my bro-in-law and getting some confused messages
    >>> about
    >>> H1-B visas. Although he did originally get his visa in 2001.
    >>> Apparently he started work as soon as his company filed an H1-B
    >>> application
    >>> for him and then left the country a few months later to get the
    >>> visa
    >>> stamped. I didnt think it was possible to work until you have
    >>> the visa?
    >>> Secondly, he says that nowadays if you move comapny, they have to
    >>> apply for
    >>> a new H1-B visa and you have to leave the company tp get it stamped
    >>> - I
    >>> thought you just need to get a transfer?
    >>> Finally, he said that he had heard cases where people left the
    >>> country to
    >>> get a new H1 and were not allowed back in because their application
    >>> for a
    >>> green card was considered to be proof that they lied on their H1
    >>> application
    >>> i.e. they had prior intent on staying in the US.
    >>> Can anyone please advise if any of the above comments are true?
    >> Technically this is unlawful. You can not work lawfully until you
    >> have the visa in your passport, even if it has been approved.
    > No, that is *not* true.
    > A visa has meaning only when applying for entry in the US. The stay
    > in the US is governed by the I-94. If the H1 approval notice
    > contained an I-94 which gave his status as H1B, he could (and indeed
    > had to) start working, as from that date on, his status was H1B.

So what you are saying is that if I was already in the US when I received an
H1-B approval, I dont need to wait until October to start working?

    >> I don't believe this is correct. I think a transfer is possible.
    > As stated above, the I-94 is what counts. If the I-94 is still valid,
    > the person
    > doesn't need a visa stamp.
    > For a transfer, the person can actually start working for the new
    > company when
    > the receipt notice shows up.
    > It is amazing how many wrong rumors are floating around.
    > -Joe

JulianB

Yes that it is what Joe is saying, and he is correct.
HOWEVER, what has been lost along the way from the original post is the fact that you *cannot* work when the petition is filed. You must wait until the petition is *approved*. Thus, your brother-in-law was originally working illegally.

ImmGuru1

    >I didnt think it was possible to work until you have the visa? If you are transferring to a new company (or previously held H1b visa status), you may commence employment with a new company upon the filing of your transfer petition.

    >Secondly, he says that nowadays if you move comapny, they have to apply for
a new H1-B visa and you have to leave the company tp get it stamped - I

thought you just need to get a transfer? You only need to get stamped
if your old stamp has expired and if you plan on traveling outside of
the US. Otherwise, you may transfer companies without getting a new
stamp.

    >Finally, he said that he had heard cases where people left the country to
get a new H1 and were not allowed back in because their application for
a
green card was considered to be proof that they lied on their H1
application
i.e. they had prior intent on staying in the US. This is not
true....with H1b and L visas, immigration cannot deny you entry for
demonstrating immigrant intent (ie, you may have and demonstrate
immigrant intent and still be admitted on an H1b or L visa). This is a
certainty.

Regards,
David
Immigration Attorney
www.katonamir.com

Henry99 wrote:
    > I was speaking to my bro-in-law and getting some confused messages about
    > H1-B visas. Although he did originally get his visa in 2001.
    > Apparently he started work as soon as his company filed an H1-B application
    > for him and then left the country a few months later to get the visa
    > stamped. I didnt think it was possible to work until you have the visa?
    > Secondly, he says that nowadays if you move comapny, they have to apply for
    > a new H1-B visa and you have to leave the company tp get it stamped - I
    > thought you just need to get a transfer?
    > Finally, he said that he had heard cases where people left the country to
    > get a new H1 and were not allowed back in because their application for a
    > green card was considered to be proof that they lied on their H1 application
    > i.e. they had prior intent on staying in the US.
    >
    > Can anyone please advise if any of the above comments are true?

Henry99

JulianB wrote:
    >> Joe Feise wrote:
    >>> nettlebed wrote on 01/08/06 17:59:
    >>>>> I was speaking to my bro-in-law and getting some confused messages
    >>>>> about
    >>>>> H1-B visas. Although he did originally get his visa in 2001.
    >>>>> Apparently he started work as soon as his company filed an H1-B
    >>>>> application
    >>>>> for him and then left the country a few months later to get the
    >>>>> visa
    >>>>> stamped. I didnt think it was possible to work until you have
    >>>>> the visa?
    >>>>> Secondly, he says that nowadays if you move comapny, they have to
    >>>>> apply for
    >>>>> a new H1-B visa and you have to leave the company tp get it
    >>>>> stamped
    >>>>> - I
    >>>>> thought you just need to get a transfer?
    >>>>> Finally, he said that he had heard cases where people left the
    >>>>> country to
    >>>>> get a new H1 and were not allowed back in because their
    >>>>> application
    >>>>> for a
    >>>>> green card was considered to be proof that they lied on their H1
    >>>>> application
    >>>>> i.e. they had prior intent on staying in the US.
    >>>>> Can anyone please advise if any of the above comments are
    >>>>> true?
    >>>> Technically this is unlawful. You can not work lawfully until you
    >>>> have the visa in your passport, even if it has been approved.
    >>> No, that is *not* true.
    >>> A visa has meaning only when applying for entry in the US. The stay
    >>> in the US is governed by the I-94. If the H1 approval notice
    >>> contained an I-94 which gave his status as H1B, he could (and indeed
    >>> had to) start working, as from that date on, his status was H1B.
    >> So what you are saying is that if I was already in the US when I
    >> received an
    >> H1-B approval, I dont need to wait until October to start working?
    >>>> I don't believe this is correct. I think a transfer is possible.
    >>> As stated above, the I-94 is what counts. If the I-94 is still
    >>> valid,
    >>> the person
    >>> doesn't need a visa stamp.
    >>> For a transfer, the person can actually start working for the new
    >>> company when
    >>> the receipt notice shows up.
    >>> It is amazing how many wrong rumors are floating around.
    >>> -Joe
    > Yes that it is what Joe is saying, and he is correct.
    > HOWEVER, what has been lost along the way from the original post is
    > the fact that you *cannot* work when the petition is filed. You must
    > wait until the petition is *approved*. Thus, your brother-in-law was
    > originally working illegally.

Understood but this goes against most of what I have read either on here or
other areas that if you get an H1 in April, you cant begin work until
October. This seems to suggest that if a company applies for a visa for me
in April and gets one in June/July, I can start work in June/July.