Immigration FAQs
H-1B Status
Can I travel to the U.S. using that visa to find a new employer? "Our mission is to help individuals and their families through the U.S. immigration process, delivering excellence and the highest possible degree of client satisfaction along the way."
| Can I travel to the U.S. using that visa to find a new employer? |
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| Written by Jose E. Latour | |
| Monday, 01 January 2007 | |
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I have an H-1B visa in my passport, but I am not working for that company. I am in my home country now. That visa is not expired. Can I travel to the U.S. using that visa to find a new employer and have it transferred to the new employer? In this two part question, the answers to both parts are "no." 1. You should not travel to the United States using an H-1B visa unless both you and the petitioning company both intend for you to work for that company upon arrival. Remember, the visa is "owned" by the company who was the petitioner. The whole reason for being in the United States on an H-1B visa is for the purpose of working for the petitioning company. If you are in the U.S. on an H-1B visa but are not working, you are considered to be "out of status" (illegally here). 2. Keeping in mind that you should not travel to the U.S. on the visa, as described above, if you find a new employer, they would not be able to "transfer" your visa in the scenario described in the question. The reason for this is that in order to process a transfer from one company to another, you need to show that you are in the U.S. and working for the company who holds the initial visa. This needs to be documented with recent paystubs and tax documents. The best thing to do in this situation is to remain in your home country and have your new employer file for a new H-1B visa. Upon approval of the new visa, you can get the visa replaced in your passport and then travel to the United States to begin work for the new company. |
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