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Can Employee Change Employer From India ?

Discussion in 'Nonimmigrant Visa Applications' started by dipan2222, Apr 8, 2016.

  1. dipan2222

    dipan2222 New Member

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    Hi,

    I have a friend in India. His H1b is picked and approved and stamped 3 months back. He is with a big MNC. Now onsite manager is delaying his travel to US, saying that as of now we do not have requirement and you have to wait. He is working for same project in India also, for which he will come and work here.

    Is it mandatory to come on H1B on same company's petition at first time or he is having option to change company/consultant while in India itself ? Few other post says that at-least for first time, he has to come from same company, who filed H1B for him and he can change employer only, once he lands in US.

    Suggestions please.

    Regards
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    He needs a new approved petition from another employer. Once he has it, he may come in.
     
  3. speedracer

    speedracer Guru

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    As ron said.. he need to apply for new petition with new employer... get the employer to apply in US.. then fedex the approval done to him in India.. once the paperwork come to him.. get the visa stamping.. and then he can come to US .. once the stamping is done..

    This is very tricky.. and any number of things can delay and cause 221g at the stamping stage.. all the best.. hope he gets to come back to US..
     
  4. Vikki

    Vikki New Member

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    I don't think you need to attend the interview again for stamping. you can use the stamping from your previous employer to travel.

    Ron, Please confirm about the stamping part.
     
  5. dipan2222

    dipan2222 New Member

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    H1B visa on passport does have Company name on it. So he needs to stamp it again ?
    May he expect any risk with this ?
     
  6. Vikki

    Vikki New Member

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    Stamping have Employer name but it is used only for entry into United states, and your friend has to show the I797 approval document From new Employee at port of entry.

    Note: I am not a Lawyer.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is correct.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That won't be a problem.
     

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