H1B Re Entry Into Us With Valid Visa After Employer Change

[arshad]

Mods Please PIN This Discussion.

 

Let's look at What does  US Foreign Affairs Manual  Says about this situation.

 

Link: http://www.state.gov/documents/organization/87226.pdf   Look into Page 18

 

According to Foreign Affairs Manual

 

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a Change 

of Employer

(CT:VISA-2154; 07-30-2014)

 

a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue     to     use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the           new Form     I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

 

b. An H-1B applicant can change employers while in the United States provided the following criteria were met:

     (1) The alien was lawfully admitted to the United States; and

     (2) The new employer filed the petition for the alien prior to the expiration of his or her authorized stay; and

     (3) The alien has not been employed in the United States without authorization subsequent to lawful admission but before filing                such            petition.

c. After the filing of the new petition the H-1B nonimmigrant is authorized to accept employment until the petition is adjudicated. If the        new petition is denied, employment must cease. If the alien's prior visa and petition have expired, the alien is not eligible to                receive a      new visa until the pending petition has been approved. 

[andhraajay]

 

Mods Please PIN This Discussion.

 

Let's look at What does  US Foreign Affairs Manual  Says about this situation.

 

Link: http://www.state.gov/documents/organization/87226.pdf   Look into Page 18

 

According to Foreign Affairs Manual

 

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a Change 

of Employer

(CT:VISA-2154; 07-30-2014)

 

a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue     to     use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the           new Form     I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

 

b. An H-1B applicant can change employers while in the United States provided the following criteria were met:

     (1) The alien was lawfully admitted to the United States; and

     (2) The new employer filed the petition for the alien prior to the expiration of his or her authorized stay; and

     (3) The alien has not been employed in the United States without authorization subsequent to lawful admission but before filing                such            petition.

c. After the filing of the new petition the H-1B nonimmigrant is authorized to accept employment until the petition is adjudicated. If the        new petition is denied, employment must cease. If the alien's prior visa and petition have expired, the alien is not eligible to                receive a      new visa until the pending petition has been approved. 

 

the H-1B nonimmigrant is authorized to accept employment until the petition is adjudicated.

 

ante enti ??

[arshad]

the H-1B nonimmigrant is authorized to accept employment until the petition is adjudicated.

 

ante enti ??

 

 

Adjudiacte anaga Final Conclusion ki Ravdam (Approved or Denied).

 

Oka sari New Employer H1 filing start chesinaka vadikosam work cheyochu... Untill decision by USCIS is made.

 

Approve ayite continue.. Deny ayite Immediately stop.

[VenkatD]

GP ... but y this tead ??

 

Anyone in this situation ?

[arshad]

GP ... but y this tead ??

 

Anyone in this situation ?

 

 

Ee situation gurinchi chaala mandini adiga... Chaala sarlu Google chesa no use.

 

But, No Correct/right answer. Andaru May be or May not Be ani. Okadaite Valid visa pettukoni kooda India velli stamping cheyinchukochadu.

 

Anduke nene research chesi aa Govt. manual patta.

[VenkatD]

Ee situation gurinchi chaala mandini adiga... Chaala sarlu Google chesa no use.

 

But, No Correct/right answer. Andaru May be or May not Be ani. Okadaite Valid visa pettukoni kooda India velli stamping cheyinchukochadu.

 

Anduke nene research chesi aa Govt. manual patta.

 

Good job .. it will be helpful

[andhraajay]

Adjudiacte anaga Final Conclusion ki Ravdam (Approved or Denied).

 

Oka sari New Employer H1 filing start chesinaka vadikosam work cheyochu... Untill decision by USCIS is made.

 

Approve ayite continue.. Deny ayite Immediately stop.

 

Yes. I switched to a new employer and waiting for decision from USCIS... waiting for receipt right now, as filed in regular and working for the new employer

 

I am not sure, if I am in the same situation right now... This one is for _WW_ 

[arshad]

Yes. I switched to a new employer and waiting for decision from USCIS... waiting for receipt right now, as filed in regular and working for the new employer

 

I am not sure, if I am in the same situation right now... This one is for _WW_ 

 

 

Is it with a Consultancy??

[andhraajay]

Is it with a Consultancy??

 

Thanks AttaruSaibu ( Nice Name selection).

 

Yes, this is my case with consultancy (Desi)

[arshad]

Thanks AttaruSaibu ( Nice Name selection).

 

Yes, this is my case with consultancy (Desi)

 

 

 Nice Name selection  --  

 

Approve ayyenta varaku aagochu ga... 

 

Nenaite default condition to my prospective employer. I'll Resign only after USCIS Approval. Ilanti vatilo risk vaddu.

 

BTW... ATB. Post your update. With your Transfer time.

[gangster_rap]

nice thread

[Maoist]

yes , you can come back but in case PORT of Entry lo Sanki officer gadu thagilithe anthe you may need to go back.

 

it depends , it may diff officer to officer.

 

Mods Please PIN This Discussion.

 

Let's look at What does  US Foreign Affairs Manual  Says about this situation.

 

Link: http://www.state.gov/documents/organization/87226.pdf   Look into Page 18

 

According to Foreign Affairs Manual

 

9 FAM 41.53 N8.3-3 Validity of H-1B When There is a Change 

of Employer

(CT:VISA-2154; 07-30-2014)

 

a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue     to     use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the           new Form     I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

 

b. An H-1B applicant can change employers while in the United States provided the following criteria were met:

     (1) The alien was lawfully admitted to the United States; and

     (2) The new employer filed the petition for the alien prior to the expiration of his or her authorized stay; and

     (3) The alien has not been employed in the United States without authorization subsequent to lawful admission but before filing                such            petition.

c. After the filing of the new petition the H-1B nonimmigrant is authorized to accept employment until the petition is adjudicated. If the        new petition is denied, employment must cease. If the alien's prior visa and petition have expired, the alien is not eligible to                receive a      new visa until the pending petition has been approved. 

 

 

[andhraajay]

 Nice Name selection  --  

 

Approve ayyenta varaku aagochu ga... 

 

Nenaite default condition to my prospective employer. I'll Resign only after USCIS Approval. Ilanti vatilo risk vaddu.

 

BTW... ATB. Post your update. With your Transfer time.

Approve ayyenta varaku aagochu ga..... alane chestunna kada

 

Indulo twist inkokati vundi.... he he.. Thanks for the wishes....

[Uchiha]

 

bhayya em ardam kale..clear ga cheppu

[VenkatD]

 

bhayya em ardam kale..clear ga cheppu

 

mestri mare time lo india ki travel avvatam safe A ani antunnadu, if u r new mestri applies transfer and if it's in process. ante

 

Bralayya emo ... it depends on POE appesar ani antunnadu