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agmehta

H1b approved. (Visa not stamped). If i quit will i loose h1b approval?

By agmehta in Work Visas

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agmehta Explorer

agmehta   1

Posted
Filed: Other Country: India
 Timeline
Posted

Hi All,
My wife currently works in India for a company "A" and I am her husband living in the US on a Green card.
Company "A" had filed for her h1b which was approved in September 2014 and she holds the orignal receipt from Uscis confirming selection in lottery and documents with her. Her company "A" does not have any projects in the US and is not getting her visa stamped for some reason.

What option does she have :
1) If she quits company A and comes to the US to join me by travelling on visitor visa does she loose her h1b approval ?

2) After quiting Company A, if my wife comes to the US on tourist visa can she apply for a new Job (incase she doesnt loose h1b approval) and transfer her old Company A's h1b approval notice to a new employer. How much time does this transfer take place?. Will she need to go to India to get visa stamped from the new US employer who would transfer the petition in their name?

3)Can company "A" ask USCIS to cancel my wifes H1b approval notice ?

4) Company A is demanding all sort of expenses from her. As far as i know labour laws does not allow such type of bonds. Luckily my wife did not sign any bond..but her manager keeps scaring her that she need to spend atleast 6 months etc or they need reimbursement of lawyer fees and costs etc. her manager is not aware that she has not signed it. Does she have any reason to worry ?

Please advise and help us out to unite together ASAP.

Thanks
Anand

Thank You

Anand

--------------------------------------------------------------

  1. Category F2A- India
  2. PD 12/30/2014 F2A 130
  3. Service Center: VSC
  4. 01/5/2015 : I-130 NOA1 -5th Jan 2015
  5. 8/27/2015: I-130 File transferred to CSC-27th Aug 2015
  6. 09/28/2015: I-130 NOA2 case approved-28th Sep 2015
  7. 10/23/2015: Requested USCIS to allow applicant to adjust Status in the US-Oct 23 2015 instead of Consular processing. Currently applicant on tourist visa B2- 10/23/2015
  8. 10/29/2015: USCIS Acceptance Confirmation Email for I485 765 131 Forms received-10/29/2015
  9. 11/3/2015: Received hard copies of NOA1 for i485 765 131
  10. 11/6/2015 Got Biometrics Appointment letter
  11. 11/17/2015 -Completed Biometrics
  12. 12/22/2015- Initial RFE for Birth Certificate- uscis asking to submit non availability BC.
  13. 01/03/2016- EAD/AP Card Approved.
  14. 01/05/2016- Received EAD/AP Card in Post
  15. 1/12/2016- Submitting Birth certificate
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Boiler Grand Master

Boiler   43,430

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Does she have a visitor visa?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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agmehta Explorer

agmehta   1

Posted
Filed: Other Country: India
 Timeline
  • Author
Posted

yes she has visitor visa and I have also filed for her green card

Thank You

Anand

--------------------------------------------------------------

  1. Category F2A- India
  2. PD 12/30/2014 F2A 130
  3. Service Center: VSC
  4. 01/5/2015 : I-130 NOA1 -5th Jan 2015
  5. 8/27/2015: I-130 File transferred to CSC-27th Aug 2015
  6. 09/28/2015: I-130 NOA2 case approved-28th Sep 2015
  7. 10/23/2015: Requested USCIS to allow applicant to adjust Status in the US-Oct 23 2015 instead of Consular processing. Currently applicant on tourist visa B2- 10/23/2015
  8. 10/29/2015: USCIS Acceptance Confirmation Email for I485 765 131 Forms received-10/29/2015
  9. 11/3/2015: Received hard copies of NOA1 for i485 765 131
  10. 11/6/2015 Got Biometrics Appointment letter
  11. 11/17/2015 -Completed Biometrics
  12. 12/22/2015- Initial RFE for Birth Certificate- uscis asking to submit non availability BC.
  13. 01/03/2016- EAD/AP Card Approved.
  14. 01/05/2016- Received EAD/AP Card in Post
  15. 1/12/2016- Submitting Birth certificate
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jan22 Experienced

jan22   2,898

Posted
Filed: Timeline
Posted

Point of clarification....your wife doesn't have H1 approval until she applies for and is granted an H1 visa. She has an approved petition. While the vast majority of people with approved petitions qualify for the H1 visa, Small percentage are denied. I believe that until she is granted the visa she will not be able to use her approved petition in the US to be cap exempt in the US and, by doing so, get a new H1 from a new company.

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