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H1 Transfer from outside US - urgent help needed

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H1 Transfer from outside US - urgent help needed

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Old Feb 17th 2007, 10:07 pm
  #1  
Arunelr
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Default H1 Transfer from outside US - urgent help needed

Hi

I work in a big MNC in india and hold a valid visa .But they r not
sending me to US now.so i spoke with several sponsors to file fresh H1
this yr. They are advising me to come to US using my current visa
itself and get it transfered.But some people are not advising it and
see it as illegal route.After doing some ground work,i can understand
why some attorney is not generally recommending this.Because when the
new sponsor submits my transfer application to USCIS immediately after
reaching USA, USCIS might get suspicion that my intention was transfer
all along and not to work for current employer and it might raise
doubts and may lead to rejection of transfer.


There is one more way.


a. New sponsor in US can apply for transfer when iam in india itself
in premium processing.

b. Sponsor should select for "transfer" (change of employment) instead
of "new employment" while making the application and should

mention my previous petition number in the filed petition.

c. In the columns against SSN, I94 details, it can be given as NA.


Can anyone please let me know if such transfer is possible and if one
can enter US on old visa and new approved petition.?

Arun
 
Old Mar 10th 2007, 4:25 am
  #2  
Just Joined
 
Joined: Mar 2007
Posts: 1
rajanikanthr is an unknown quantity at this point
Default Re: H1 Transfer from outside US - urgent help needed

Hi arun,

DId you able to find any solution for your problem i m kind of same situation as you are .

if your problem is sloved please do send me a mail at [email protected]

Thanks in advance.

Regards
Rajanikanth.
rajanikanthr is offline  
Old Mar 11th 2007, 6:15 am
  #3  
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Joined: Jun 2001
Posts: 571
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Default Re: H1 Transfer from outside US - urgent help needed

Originally Posted by Arunelr
Hi

I work in a big MNC in india and hold a valid visa .But they r not
sending me to US now.so i spoke with several sponsors to file fresh H1
this yr. They are advising me to come to US using my current visa
itself and get it transfered.But some people are not advising it and
see it as illegal route.After doing some ground work,i can understand
why some attorney is not generally recommending this.Because when the
new sponsor submits my transfer application to USCIS immediately after
reaching USA, USCIS might get suspicion that my intention was transfer
all along and not to work for current employer and it might raise
doubts and may lead to rejection of transfer.


There is one more way.


a. New sponsor in US can apply for transfer when iam in india itself
in premium processing.

b. Sponsor should select for "transfer" (change of employment) instead
of "new employment" while making the application and should

mention my previous petition number in the filed petition.

c. In the columns against SSN, I94 details, it can be given as NA.


Can anyone please let me know if such transfer is possible and if one
can enter US on old visa and new approved petition.?

Arun
New employer cant file H1 transfer while you are out of US. H1 transfer can only be filed if you are in US on valid H1 status and have valid I-94 and recent pay stubs. H1 transfer is not possible in your case. let the new employer file NEW H1 for you and once it gets approved then let him send new H1 approval notice and then get H1 visa stamp with new company name and then enter US
Manish is offline  

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