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H1B Transfer with new passport when old passport is lost

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Q

qHelp

Guest
What is the name of your state? NJ

Can i transfer my H1B from Company B to Company C using my new passport
when my old passport is lost.

I had sent my new passport for H1B visa revalidation to st. louis, but they returned it back with a 221g stating i dont have the previous h1b visa stamp.
will this create any issue for H1B transfer.

Currently i am working for Company B and my I-94 is valid till July'2006. I have all my current paystubs and H1B document.

If i initiate the H1B transfer in the above scenario, what are the chances of
my H1B transfer getting approved. Is there any risk of my current I-94 being
invalidated.

please advise.
 


ImmigAttyLana

Senior Member
YOu do not need to have the actual visa stamp in your passport in order to be in valid H-1B status in the US, since the visa is only an entry document to the US and does not determine the validity of your status in the US. The i-94 does that.

Please let me know if you have any additional questions or need further assistance in this matter.
 
Q

qHelp

Guest
Couple of questions:

1. Can i start my H1B transfer process in this scenario ?
2. Will there be any issues in getting my H1B transfer approved ?
3. Will the H1B transfer affect my current I-94 validity in any way?


thanx
 
Last edited:

ImmigAttyLana

Senior Member
1. Can i start my H1B transfer process in this scenario ?
YES, THE PASSPORT, WHETHER YOU HAVE IT OR NOT DOES NOT AFFECT THE H-1B PROCESS. YOU SHOULD INCLUDE A C OPY OF THE BIOGRAPHICAL PAGE OF THE PASSPORT AND THE VISA PAGES IF YOU HAVE COPIES OF THESE FROM PRIOR PETITIONS. IF YOU DO NOT, INDICATE THAT THE PASSPORT WAS LOST.
2. Will there be any issues in getting my H1B transfer approved ?
NOT BECAUSE THE PASSPORT HAS BEEN LOST. YOU MAY HAVE OTHER ISSUES THAT MAY IMPACT ON THE NEW H-1B PETITION, BUT I CANNOT COMMENT ON THIS SINCE I DO NOT KNOW YOUR PARTICULAR SITUATION
3. Will the H1B transfer affect my current I-94 validity in any way?
IF THE NEW H-1B IS APPROVED, YOU WILL GET A NEW I-94 THAT WILL ACCOMPANY THAT SO THE CURRENT I-94 WILL BE OVERRIDEN BY THE NEW ONE YOU ARE ISSUED.

PLEASE LET ME KNOW IF YOU HAVE ANY ADDITIONAL QUESTIONS OR NEED FURTHER ASSISTANCE WITH THIS MATTER.
 
Q

qHelp

Guest
I am working for Company B and want to do my H1B Transfer to Company C.
I have all my recent paystubs with my current Company B and
My I-94 is valid till July'2006.

i have these concerns:

1. If my H1B Transfer to Company C gets Denied.
Can i continue working with Company B ?
Will my I-94 validity change ?
Do i have to travel out of country ?

2. If H1B Transfer to Company C gets approved BUT WITHOUT a I-94 ?
can this happen ?
Do i have to go out of the country to get my I-94?
Can i use my Company B, I-94 which is valid till July'2006?
what are my options ?

3. If the H1B Transfer gets approved BUT WITHOUT a I-94, I decide NOT to
join Company C to avoid travel/issues.
Can i continue working with Company B ?
What should i do about the H1B Transfer approval notice (of company C)?

4. If the H1B Transfer gets approved WITH I-94, what could be my new I-94
validity date ?
Will my H1B/I-94 with Company B get cancelled ?

Any comments will be greatly appreciated.

thanx.
 

ImmigAttyLana

Senior Member
1. If my H1B Transfer to Company C gets Denied.
Can i continue working with Company B ? YES, PROVIDED YOU STILL HAVE A VALID H-1B FOR COMPANY B
Will my I-94 validity change ? NOT IF THE NEW H-1B GETS DENIED.
Do i have to travel out of country ? NOT UNLESS YOU NEED TO TRAVEL.

2. If H1B Transfer to Company C gets approved BUT WITHOUT a I-94 ?
can this happen ? ONLY IF YOU REQUEST CONSULAR PROCESSING. IF YOU ARE OTEHRWISE MAINTAINING VALID H-1B STATUS, THE NEW H-1B FOR COMPANY C SHOULD HAVE A NEW I-94 ATTACHED TO THE APPROVAL NOTICE.
Do i have to go out of the country to get my I-94? NO.
Can i use my Company B, I-94 which is valid till July'2006? WHY WOULD YOU DO THAT IF YOU GET THE NEW H-1B APPROVAL NOTICE FOR COMPANY C?! YOU CAN CONTINUE USING THE VALID H-1B VISA YOU MAY HAVE OBTAINED THROUGH THE COMPANY B H-1B APPROVAL WHILE IT IS VALID, BUT YOU WILL GET A NEW I-94 WHEN YOU ENTER THE US ON THE BASIS OF THE COMPANY C APPROVAL NOTICE.
what are my options ?

3. If the H1B Transfer gets approved BUT WITHOUT a I-94, I decide NOT to
join Company C to avoid travel/issues. IT WOULD NOT BE APPROVED WITHOUT THE I-94 UNLESS YOU HAVE FALLEN OUT OF STATUS IN YOUR H-1B WITH COMPANY B OR IF YOU HAVE REQUESTED CONSULAR PROCESSING.
Can i continue working with Company B ? THIS WAS ALREADY ANSWERED ABOVE.
What should i do about the H1B Transfer approval notice (of company C)?
IF IT IS FOR CONSULAR PROCESSING, IT IS NOT ACTIVE UNLESS AND UNTIL YOU ACTIVATE IT BY REENTERING THE US USING THIS. IF IT IS NOT FOR CONSULAR PROCESSING, THEN IT IS VALID UPON RECEIPT. IF YOU CHOOSE NOT TO USE IT, YOU NEED TO HAVE IT WITHDRAWN OR REVOKED WITH THE USCIS.
4. If the H1B Transfer gets approved WITH I-94, what could be my new I-94
validity date ? WHATEVER YOU REQUEST ON THE H-1B PETITION, WHICH IS TYPICALLY 3 YEARS FROM THE REQUESTED START DATE, PROVIDED YOU STILL HAVE THAT MUCH TIME LEFT IN H-1B STATUS.
Will my H1B/I-94 with Company B get cancelled ? THIS DEPENDS ON WHAT YOUR COMPANY DOES ABOUT IT.

PLEASE LET ME KNOW IF YOU HAVE ANY ADDITIONAL QUESTIONS OR NEED FURTHER ASSISTANCE WITH THIS MATTER.
 

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