nettlebed wrote on 01/08/06 17:59:
>> I was speaking to my bro-in-law and getting some confused messages
>> about
>> H1-B visas. Although he did originally get his visa in 2001.
>>
>> Apparently he started work as soon as his company filed an H1-B
>> application
>> for him and then left the country a few months later to get the
>> visa
>> stamped. I didnt think it was possible to work until you have
>> the visa?
>>
>> Secondly, he says that nowadays if you move comapny, they have to
>> apply for
>> a new H1-B visa and you have to leave the company tp get it stamped -
>> I
>> thought you just need to get a transfer?
>>
>> Finally, he said that he had heard cases where people left the country
>> to
>> get a new H1 and were not allowed back in because their application
>> for a
>> green card was considered to be proof that they lied on their H1
>> application
>> i.e. they had prior intent on staying in the US.
>>
>> Can anyone please advise if any of the above comments are true?
>
> Technically this is unlawful. You can not work lawfully until you have
> the visa in your passport, even if it has been approved.
No, that is *not* true.
A visa has meaning only when applying for entry in the US. The stay in the US is
governed by the I-94. If the H1 approval notice contained an I-94 which gave his
status as H1B, he could (and indeed had to) start working, as from that date on,
his status was H1B.
> I don't believe this is correct. I think a transfer is possible.
As stated above, the I-94 is what counts. If the I-94 is still valid, the person
doesn't need a visa stamp.
For a transfer, the person can actually start working for the new company when
the receipt notice shows up.
It is amazing how many wrong rumors are floating around.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney. |
