Folks, I have an H1b applicant I’m looking to hire. Can he be hired (I.e. change of employer) by our company whilst he is physically outside the US? He has an approved H1b with the current employer, but isn’t able to get back in until consulates open up. Trying to work with our legal team, but appreciate a more personal input from anyone

like
Posting as :
works at
You are currently posting as works at

Yes, if he already have a stamped visa with current employer he can travel with a new approved I-797. If there is no stamp, he will have to get the appointment at consulate for stamping.

☝️ what PwC1 said. He will need the actual physical copy of the I797 so that will probably need to be mailed to him - wherever he is located.

If he isn’t able to return with his current employer it’s probably cos he has an approved h1b but wasn’t able to get it stamped thanks to the consulates acting up. He’d have to wait until it opens up, which in this case is quite uncertain (depending on where he is from)

While transfering the Visa, an active I94 is required. This is issued by the immigration officer when you enter the country. Without the active I94 (given the candidate is outside the US), I am not sure how the Visa transfer will be processed

There are two distinct visas:

The H-1B work visa (h-1b) that allows you to work in the country for a specific employer. This is the basis of the H-1B visa stamp issued by a consulate abroad. You need to transfer this.

The H-1B visa stamp (stamp) is issued by a consulate and allows you to enter the US to work pursuant to h-1B status. As long as the dates are valid, the visa holder can enter the country. You might need to establish that he works for you via an EVL.

Do they have valid h-1b and a valid stamp or just h-1b?

Thanks everyone: to clarify, he has an approved H1b (petition and visa) that he has been working on, and then had to leave the country for some personal travel needs. At the moment he is unable to return to the US due to some personal circumstances (I don’t believe it’s related to a lack of valid visa stamp, but may be). Since he does have an active H1b (status at the very least, if not the visa stamp), can our company petition for him WHILST he is not physically present in the US. Our petition will be with USCIS, but I don’t know if that would work since he isn’t physically present in the US at the time the petition will be filed (and perhaps even during the time it will be approved). So bottom line, can we file the petition for him while he isn’t physically present in the US although he has an active H1b status with another employer

My previous company hired h1b visa holders in india who had been in USA previously and the process is same as h1b transfer. He cannot travel till he has i797 approved.

This one is tricky and not sure you have the full picture from the employee. Ask a lawyer not here.

Related Posts

Got my H1B rejection 🎉 Time to leave this country

likesmartfunny

Can I apply for an h1b transfer even though I haven’t worked in the US for the past few months? I moved and worked in another country for some time. My visa is not expired yet and my employer did not cancel my visa. Is it a simple cap exempt h1b visa transfer or is it more complicated because I most recently wasn’t using my h1b actively ?

like

What is the salary range for Workday Integration lead roles in India. Currently in USA and my entire career has been here but due to visa issues or anything along those lines if I ever have to consider moving back to India wanted to know what I can expect to make.

like

Hello, as an International student, it is possible to get educational loan from a bank in US than from India? Do you guys know anyone who took an educational loan from a bank in US being on F1 Visa then please do let me know. Thank you so much, any help will be much appreciated!

like

Ancestry visas - can I get a mortgage on an ancestry visa? If so how long do I need to be living in the UK to get one, and what does my deposit need to be?

like

Hi All
I have 10 yoe in Mainframe. I have below 2 offer:
infosys - 22.29L.
JPMorgan Chase - 27L, still negotiation going on (also have h1b visa if that matters in negotiation).
I am planning to join in JP Morgan. This is going to be my first company switch (working at onshore since last few years) so wanted to know below things:
1). Is 27L is good enough for 10 yoe resource ? I have seen people joining 24-25L at 4 yoe.
2). How is asset and wealth management (AWM)..? JP Morgan

like

Anyone else got told that they don’t meet the work experience requirements for their PERM role? Have less than 2 years left on my H1B until the 6 year max and don’t know my options. Our immigration team has not been responsive or helpful.

Asking for a teammate whose H1B extension is denied: (1) how much longer after receiving the official denial notice can he legally stay in the country to pack up & leave, and

BCG fishes, what's BCG's green card sponsorship policy? I have received I140 from my current employer. If I move, will BCG immediately file for a new PERM for me? Or if there a 2 years services req?

Anyone know if I can transfer h1b visa while traveling overseas ? The purpose is for getting a visa stamp + personal trip.

like

Hi All,

Can anyone advice me the salary range offered for H1B for 12 YOE from infosys.

like

I am working as a senior associate in a service based company in which they are telling me that they send for on-site for Europe and process the visa starting next month. But i am expecting offer from big4 as a cloud developer. What should I do?
Exp:7.5yrs
Curr salary: 13lpa
New offer: 24lpa

like

Hi All, Wanted to know if we can work from UAE (tourist visa) with Deloitte USI laptop

like

What are the companies that are willing to sponsor visa? Would appreciate any referral too

like

What is the saving potential for a H1B on-site offer with ctc around 75k USD per annum

like

Hi Hrs, leaders, Need some suggestion and advise, I have a visa for xyz region but i have taken a project on ABC region ,because of bench period . Now post new year there might chances of getting onshore on the region which i have visa . How can I ask my current account release from project and so that I will get benefitted by that . Pls help.

like
like

Hi

I will be expecting a offer soon ,will be moving along with my family can my spouse work in poland as a dependent visa holder or spouse need to find a employer who sponsor visa like my case?

funny

Please help. What's the best mobile app to track H1B Petition approval status

More Posts

Anyone in F&A get promoted from Director to Senior Director?

Is it advisable to set a weekly automatic investment for VTSAX or better to have monthly auto invest? Do i get more charge fee if I do it weekly?

like

Thoughts about upgrading green card application from EB2 to EB1? Has anyone done this? Any advice you would give?

like

Hi, looking for a U.S. PwC referral. Thanks!

like

“My piss smells like candy” - male to his male friend at the urinal, T4 LAX.

After complaining that the urinals weren’t designed for “above average men” like themselves

likefunnyuplifting

Need some advice from HR. I got an offer with a start up company for a Sr. HRBP role but the company is head quartered in England with two offices in US. I’ve worked for global companies but based in US. Does anyone have any experience working for companies outside of US? What should I expect. Also because it’s a start-up the job description and duties I think are below a Sr. HRBP level but the aim is to grow the role into a more managerial role as the company grows. Any guidance or advice? TU

like

Hi All, I Accepted the proposed CTC from TCS but the HR discussion didn't happen for the position and location.Do they discuss before sending offer letter?
Experience - 4.4(QA Automation)

Any inputs will be helpful, thanks in advance.

like

How important is it to retain your VP title as you move from say VP Group Art Supervisor to ACD? Does keeping the VP in front of the ACD make a big difference?

Anybody heard from CBS regular decision yet ?

like

Hi all,
I currently am in H1B. I haven’t been home to get my visa stamped yet. My company right now is doing an amendment for me. Can I travel during an amendment process to get h1b stamped?

like

I think I hate being a lawyer…what can I do that doesn’t involve staring a screen all day, every day 😞

like

Does anyone know how should one put CPA/ACCA on resume for an experienced professional? Can anyone dm me any examples? Tried googling but didnt find anything appealing

If company is trying to enforce new hires to come in 4-6 times a month, when you've been WFH since pandemic and now have settled in that lifestyle, would you move?

like

Hey Guys, What's up? Is Altimetrik is good enough to stay for long time? Joined sometime back still unaware of real truth. how they will behave when we will go through bench??

Hi Fishes,
I have close to 13 years of experience predominantly working on Java J2ee application development and have been working on system design and solutions from past 2 years.
I have one offer from
Harman Connected Services Bangalore for Architect position (100% technical) and another from Amadeus Amadeus IT Group Blr for Software Dev Manager position (60% into technical and solutions and 40% handling a team+delivery)

Which is better company to join in terms of work life balance and good growth?

like

Off topic question but needed help can some suggest one good packers and movers in Hyderabad city (local shifting)
Last time booked local packers and movers they damaged

like

🎊🎆Happy Holidays!🎆🎊

I'd appreciate ay advice I can receive in the following:

I'm looking into obtaining training in either Full Stack Data Science or Full Stack Web Development.

Which one should I choose?

like

I did a consult with a junior planner the other day and he kept referring to how long I’d been in the industry 🥹 Just how old AM I? I feel old now.

like

Hi , i am currently working in Publicis Sapient as a data analyst (permanent employee) and got an offer from Boston Scientific as a payroll employee. Should i accept the offer?

like

I have completed interview & HR Round from the TCS, Even i agreed with the package negotiations.

I am waiting since 1 week, i haven't received offer letter till now.

Are there any chances of getting rejected after good HR round?

Additional Posts in Global immigration

Am on H1b with family and kids. Pay isn’t sufficient enough. Thinking of part-time, can I do Uber or anything else and not impact my status??

like

Had a question- I pulled up my I-94 form and saw that my entry date was valid till 2020 which was my old petition. After that I had applied for extension and got an approval till December 2022. Never travel back to home county during this time. Should I get the I-94 updated with latest dates or is it fine. Please let me know.

like

Thoughts about upgrading green card application from EB2 to EB1? Has anyone done this? Any advice you would give?

like

Hi all,
I currently am in H1B. I haven’t been home to get my visa stamped yet. My company right now is doing an amendment for me. Can I travel during an amendment process to get h1b stamped?

like

I m planning to move to New jersey. My i-797 already captures it as a location. However my I-140 is for another state. Can anyone suggest as the I-140 process will be started all over again while i retain my priority date is there a possible risk?

like

Any leads on non-consulting firms that hire for organizational change management or OD roles and offer H1 sponsorship (manager and above). I love what I do but the constant need to balance my 17 month old’s needs with priorities at work is taking a toll on my mental and physical. Not working is unfortunately not an option and I have not seen many companies that sponsor visas for non-STEM or non-consulting roles. Thanks in advance.

like

Got my H1B rejection 🎉 Time to leave this country

likesmartfunny

Can I apply for an h1b transfer even though I haven’t worked in the US for the past few months? I moved and worked in another country for some time. My visa is not expired yet and my employer did not cancel my visa. Is it a simple cap exempt h1b visa transfer or is it more complicated because I most recently wasn’t using my h1b actively ?

like

Hi anyone has any advice on how to relocate to another country within your company or for another company? Are companies still willing to sponaor visas?

like

How soon after an i140 is approved can you either change jobs or quit your job?

likehelpful

Anyone whose PWD for perm was filed in March got the results yet?

like

Deloitte 🐠 selected in FY2022 H1 lottery, has BAL submitted your petition yet?

like

Extension filled under premium processing. It's been a week now but the law firm is saying they haven't received the receipt number. How long does it take to get the receipt?

like

BCG fishes, what's BCG's green card sponsorship policy? I have received I140 from my current employer. If I move, will BCG immediately file for a new PERM for me? Or if there a 2 years services req?

En1c RFE please advise how to answer effectively

like

Anyone know if I can transfer h1b visa while traveling overseas ? The purpose is for getting a visa stamp + personal trip.

like

Hi all! Can you find out where your case was transferred to? I see a lot of people say it was transferred to NBC, is that just an assumption folks are making or do people have the ability to find out?

like

Promoted from Associate to Senior. Do I need to amend my H1?

like

Did anyone submit their H1B petition with premium processing this month? How long did it take for you to hear back / how long has it been since you receipt date?

like