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Thread: H1B visa transferred without working in US

  1. #1
    Join Date
    Jun 2006
    Posts
    2

    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, with annotation of Company A, visa valid till Mar,2007

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

    March 2006: Company B, applied for H1B transfer not fresh petition.

    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 odd 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.

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

    Thanks,
    K

  2. #2
    Join Date
    Feb 2005
    Posts
    257

    Default

    1.No its not possible.I don't know how yours was approved.i doubt that its a transfer.Rather I think its a fresh petition

    2.There is no way you can find out.Since you never travelled, you don't have any status on your PP.So my advice is stamp B's visa and travel on that

    3.Again stamp B's visa and travel.That will be your best option

  3. #3
    Join Date
    Jun 2006
    Posts
    2

    Default

    Hi Jack,

    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
    K

  4. #4
    Join Date
    Feb 2005
    Posts
    257

    Default

    He chose change of employer that means your H1 was transferred

  5. #5
    Join Date
    May 2006
    Posts
    15

    Default

    My case is also same but "New employment" was selected instead of "change of employer". The only difference is that I went on H-1B this year to US and came back. My H1 petition was filed while I was in India.

    I contacted the attorney and he has mentioned that there is no need of new visa stamp if the old one is valid for old employer. Is that so?
    Last edited by redhat; 06-21-2006 at 01:05 PM.

  6. #6
    Join Date
    Feb 2005
    Posts
    257

    Default

    Yes he is right.You need the new approved petition though

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