Guestbook Entry for Srini, United States
Name
Srini
Country
United States
State
AZ
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H-1B portability without a visa stamp
Question details
I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer.
Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94.
So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?
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FAQ Transcript
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My previous employer didn't file for my wife H4 when they filed for my H1B, which made her out of status from Sep 2002. I got to know that Rajiv's office did help the clients with H4 issues. That is when I decided to try with them. We filed for my H1B (7th yr extension) and my wife H4 at the same time in Oct 05. We requested to give the status from Sep 02 - Jan 07. USCIS approved both H1B and H4. But they gave her status from Jan 06 - Jan 07, which means she was still out of status from Sep 02 - Jan 06. Then we decided to file for MTR and we filed MTR in Nov 05. USCIS responded to MTR in Sep 06 with RFE. We sent response to RFE and they gave status from Sep 02 - Jan 06, which means my wife got full status.
All this couldn't have happened with out strategic thought process Rajiv/Jitesh and their team has put together. We are extremely happy about how our case has been handled from day one we chose to hire Rajiv's law firm. My special thanks to Rajiv/Jitesh/Ursula/Anna and their team for answering all my questions at different stages of this. In future if I need any immigration help I would definitely go for Rajiv firm. If anybody has any help needed about immigration I would highly recommend Rajiv firm.