H1-B renewal

[mca]

What is the name of your state? CT

I know H visas are now revalidated in one's native country. I am
preparing to leave the US for my work visa renewal at the US
consulate of my home country. Do I need to do or apply anything
here(B4 I leave) as a matter of renewing my visa and show it to the consulate?

 

[ImmigAttyLana]

You need to have your original approval notice, a copy of the approved petition, current paycheck stubs and company badge, if you have it, and be prepared to have the photo and fees submitted as part of the application process. It is a good idea to check the Consulate's website to find out the processing times and any procedures specific to that consulate.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[mca]

:CT

Thanks for your response. I do have another question if you
don't mind... My current work visa is expiring in 5 months and
I'm thinking of moving to another employer. I'm opting for a
"new" H1-B visa for the next sponsoring employer since I'll
end up with transferring and renewing my current visa which
is in a tight time frame.
Will I be covered by the cap if I get a new H1-B visa?

 

[ImmigAttyLana]

There is no such thing as a transfer h-1b. The new employer always has to file a new H-1B petition. As long as you are in valid H-1B status at the time the new petition is filed, your H-1B is transferrable to the new employer without you having to go abroad to consular process and you can start working on the receipt notice and not wait for the approval to start work. If you are already in H-1B status, then the cap does not apply to you in any case since it only applies to those who have never held H-1B status before.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[mca]

What if my current employer decide to cancel my H1-B visa
out of spite when upon learning I'm giong to move to a new
employer?

 

[DEREKCH]

There's no way...

the current employer can find out you have filed for a new / transfer H1 with another employer unless you tell him.

Once you have filed your transfer papers and have obtained the transfer (suggest go for premium processing) there's nothing the original employer can do.

 

[ImmigAttyLana]

There is no reason to spend an extra $1000 on premium processing, since one who is already in H-1B status and tranferring to another employer can start work on the receipt notice and does not need to wait for the approval to start work. Therefore, the premium processing is really not necessary!

It IS a good idea, however, not to tell your employer that you are planning to leave until you make certain that the new employer has filed a H-1B petition on your behalf. Otherwise, you do risk the chance that the first employer will withdraw the petition before the second one has a chance to file it.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[mca]

H1-B extension

CT

Hi again. A fellow H1-B holder told me that I have to get a new
I-797 notice of approval to extend & renew my visa for another
3 years. This new notice of approval is what I have to show to
US Consulate in my home country in order to be issued visa
stamp. From what I gathered from you is the original & first
notice of approval shall suffice. I am confused now. Please help...

 

[ImmigAttyLana]

Yes, if you are going to be traveling internationally and will need to apply for a visa stamp, you will need the new approval notice, but if you are not planning to travel internationally anytime soon, then you do not need to have a visa stamp in your passport. Similarly, if you already have a valid H-1B visa stamp i n your passport, even if it was obtained through a previous employer, you do not need a new visa stamp and can travel on that original H-1B visa stamp while it is still valid AND the new approval notice for the H-1B from the current employer.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[mca]

Inquiry

CT

A company has filed premium processing of my H1B transfer 10 days
ago and still waiting for the the receipt notice/case no. Can I ask you
or do you have any idea how many days the receipt notice/case no.
will get out with premium processing? I am about to hand out my
resignation letter to my current employer but wary they might still
have an option to withdraw the petition(which by the way expires
2/2005) which will make my transfer application void.

Will the filing of a premium processing H1B Transfer by the new
employer is enough for me to decide to hand out my resignation
letter to my present employer even if the receipt notice/case no.
have not been given to me? My new employer wants me to start
first week of January 2005. I hope you can help me clear this thing
up. Thanks.

 

[lko123]

Hi Lana,

I really found your replies to this post helpfull. I have a similar question and would appreciate your feedback.

I have got an approval for H1 visa transfer to another company and received the notice. My Visa stamp for old company expires in SEP '10, and i am traveling to my home country in FEB '10 for 10 days. Can i travel back to US with the my old company's visa stamp and new approval notice. If my old employer withdraws the H1 they filed on my behalf, can i still travel back with the new approval notice for new company or do i need a new visa stamp for new company. I do not know if my old employer will actually withdraw the petition but do not want to take chances if they do it without telling me.

Thanks for your help.