Legal Question in Technology Law in India

Request Information about H1B Visa Transfer

I want to know some information about h1 Transfer.

Please let me know.

Case Details :

-- My H1 has expired when I was in US, so my employer has

filed H1 Extension and got the extended petition when I

was in US only.

-- Currently I am in India and because of some reaons I

have resigned my emplyer and joined in a new company.

During my resignation process with my employer I have

submitted my Original H1 Petition (extended H1 which I

got in US) to my employer.

-- I have rest of the documents like (Labour Clearance,

Education Evaluation, Payment Receipts etc) with me. I

also have the case number of the extension of H1. The

case number in web site is showing that the H1 has been

approved in May'03.

Question:

-- Can I use the same H1 for Transfer with the documents

which I have ( I don't have original H1 petition)?

-- How can I find whether my H1 has been cancelled or not

(I can not ask my previous employer)?

-- If I give my case number and the documents which I have

are sufficent for H1 Transfer?

-- Will there be any problem in INS with this type of cases

Please let me know. Thanks in advance.


Asked on 5/15/04, 1:52 pm

1 Answer from Attorneys
Vivek Anand M/S.VIVEK ASSOCIATES

Re: Request Information about H1B Visa Transfer

The same H1 Visa cannot be used by you for future transit as originally it was obtained and routed thru your ex-employer and the law restrains you from using the same in your future employments and also as per your admission the originals are in the possession of your ex-employer. It would be appropriate if u can directly correspond with VISA authorities for more technical information.

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Answered on 5/17/04, 12:35 am


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