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-   -   Urgent H1B Question (https://britishexpats.com/forum/usa-57/urgent-h1b-question-118502/)

rodeo Nov 21st 2002 11:48 pm

Urgent H1B Question
 
Hi all;

I have a query.

I have an approved H1B visa, but am presently outside the USA, and am back in my home country.

Sine I have been looking for an assignment for over 3 months from overseas, I would like to go to the US and look for a job.

My question is :

Can I travel to the US without a job offer in hand.!

While there I has paid towards the legal expenses for the visa anyways to the company attorney...~

Xen Nov 22nd 2002 4:29 am

If you're not currently being paid by your US sponsor, then 3 months is likely to have put you 'out of status'. For a H1B transfer, INS usually request a copy of your last pay stub.

You can always enter the US on a Visa Waiver and look for work, however without the pay stubs the new employer would probably have to sponsor you for a new H1B which would be subject to the usual delays and H1 caps.

rodeo Nov 22nd 2002 10:21 am

But am Overseas at the moment
 
I am overseas in Indai at the moment.

Can I travel back in the US now, and look for a job.

I may have a few leads closed in prior to my departure, clients would need to meet me in person to decide. (my profile = Information Architect). Most deciding factors are negotiated in person.

When called at the consulate here was told to go in with a busines visa and once receipt of a job offer, get back into H1 status with the already existing H1B approval.

Is this something that is commonly done. ?
Not sure understand the complete procedure.

Would appreciate any feedback .

thanks once again, in advance

~ Rodeo




Originally posted by Xen
If you're not currently being paid by your US sponsor, then 3 months is likely to have put you 'out of status'. For a H1B transfer, INS usually request a copy of your last pay stub.

You can always enter the US on a Visa Waiver and look for work, however without the pay stubs the new employer would probably have to sponsor you for a new H1B which would be subject to the usual delays and H1 caps.


Michael E. Piston Nov 26th 2002 3:57 am

Sort of. When you find a job ask the new employer to file a new H-1B petition upon your behalf. You will be authorized to be employed while the petition is pending. If you come in on a B-1 visa then you may change your status in the U.S., subject to certain limitations beyond the scope of this discussion. However, if you enter on a visa waiver, then when the petition is approved you will have to go to a consulate and apply for a visa. Further, if you are on a visa waiver, the filing of an H-1B petition does not authorize you to remain in the U.S. after the expiration of your 90 day visiting period.


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