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.
1 Answer from Attorneys
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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