A. S.

Hello.

I am outside USA, and I have got my H1B visa stamped on my passport for company A. Now
I have changed my mind. I dont want to join company A, and instead would like to join
company B. I will get the H1B-approval for company B within 2-3 months. Now my
question is :

1. Is it possible to get H1B-visa for company B after getting H1B approval for company B
(inspite of the fact that I already have an "Unused" H1b visa for company B in my
passport) ?
2. Do I have to get canceled H1B visa for company A for getting the H1B visa for company
B. (As H1B-transfer is not possible as I am outside USA and haven't entered the USA for
work) What the consulate will ask regarding this?
3. If I get both the H1B visas (company A as well as company B) on my passport then is it
possible to join any one of the company in future? (say join A for 2 months then switch
to B later)

Best Regards, Thanks in Advance.

Ingo

>Hello.
>
>I am outside USA, and I have got my H1B visa stamped on my passport for company A. Now
>I have changed my mind. I dont want to join company A, and instead would like to join
>company B. I will get the H1B-approval for company B within 2-3 months. Now my
>question is :
>
>1. Is it possible to get H1B-visa for company B after getting H1B approval for company B
> (inspite of the fact that I already have an "Unused" H1b visa for company B in my
> passport) ?

Yes, but it's pointless, and in fact the consulate will probably return the passport to
you without stamping the visa. You can simply use A's visa without ever getting one based
on B's petition. Just show B's approval notice when you enter the US, and, if asked,
explain that you never worked for A and changed your mind.

If the consulate does issue you a new visa, they will also cancel the original visa at the
same time.

>2. Do I have to get canceled H1B visa for company A for getting the H1B visa for company
> B. (As H1B-transfer is not possible as I am outside USA and haven't entered the USA
> for work) What the consulate will ask regarding this?

They probably won't ask for anything.

>3. If I get both the H1B visas (company A as well as company B) on my passport then is it
> possible to join any one of the company in future? (say join A for 2 months then
> switch to B later)

You can do that even if you simply keep A's visa. You can then work for A or for B, as
long as neither withdraws their respective petition.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).

A. S.

Dear Ingo,

> Yes, but it's pointless, and in fact the consulate will probably return the passport to
> you without stamping the visa. You can simply use A's visa without ever getting one
> based on B's petition. Just show B's approval notice when you enter the US, and, if
> asked, explain that you never worked for A and changed your mind.

But I believe that H1B visa is company-specific. So probably that visa is meant only for
company A and not company B. So how can I work for company B? Please elaborate your point.

> If the consulate does issue you a new visa, they will also cancel the original visa at
> the same time.

That means at a time I can have only ONE H1B visa in my passport.

> >3. If I get both the H1B visas (company A as well as company B) on my passport then is
> > it possible to join any one of the company in future? (say join A for 2 months then
> > switch to
B
> >later)
>
> You can do that even if you simply keep A's visa. You can then work for A or for B, as
> long as neither withdraws their respective petition.

But I guess it is illegal to work full-time for 2 different companies at the same time.
When does the company withdraws the petition? When does it realizes that it has to
withdraw a petition?

Thanks for your response..