Multiple Visas

My company A in India deputed me to US on L1 A visa. My wife was on L2 and got the EAD on the basis of L2. Then both of us applied for H1 with Company B and got approved. Company B told that they applied H1 for both as “Change of Status” rather than as fresh H1. Now both of us do not want to switch to company B and Company B told they would revoke H1 since we are not intending to join. We have neither stamped the H1 Visa nor worked for Company B 1. If company B revoke my H1 what will be my Visa status. Will I become illegal? What will be the visa status of my wife? Can she work with the EAD she got before? 2. Other companies are willing to transfer my wife’s H1.They are asking for pay slip as one of the requirements. Company B is saying since she has joined the company B, they cannot issue pay slip. Can other companies transfer my wife’s H1 without pay slip? 3. Will this be a problem when I go for appearance next time for stamping L1 in India? 4. Is there any reference you can provide for your answer, like USCIS Process/procedure number etc?

1. If you have not stamped the H1 or worked for Company B then there is nothing they can do.
2. You status conversion into H1B becomes valid only if you join for work with Company B.
3. As long as your wife hasn't joined for work with Company B she is still on her EAD status.
4. You cannot transfer you wife's H1 as she hasn't worked for Company B. You cannot transfer H1 without at least 3 salary stubs.
5. You will have to formally communicate in writing to Company B that you do not want to go ahead with the change in status. Please consult an immigration attorney in this matter before you take any final decision.
6. Please note that Company B has spent a lot of money in terms of applying for two H1B visas and they can take action to recover at least the money they have spent on you.
7. If you have signed any document before this company applied for your H1 they can file a suit for recovery of damages.

I got my B1 visa stamping in April'2004 for 10years and have made a couple of business trips. In March'2007 I got my H1B visa stamping with my future employer. But I plan to join my future employer only after 6months. So right now I have 2 visas in my passport B1 & H1B.
(1) Is my B1 visa still valid? Can I have 2 valid visas on my passport?
(2) Can I make business trips on my B1 for my present employer till I join my future employer? Will my H1B get cancelled if I enter US on B1 now?

1. Is my B1 visa still valid? Can I have 2 valid visas on my passport?
2. Can I make business trips on my B1 for my present employer till I join my future employer? Will my H1B get cancelled if I enter US on B1 now?
3. We recommend that you don't make any business trips on B1 for your current employer to the US since you may be denied entry into the US, i.e., when you enter the US, BCIS will have clear information about the fact that your passport number has two visas in it. This happens because the H1 visa stamping also records your passport number and all your details.
4. There is the possibility of your H1 getting canceled if you enter the US on B1.
5. Please check with the company/ attorney that applied for your H1 and then decide what you need to do.

  Right now I am working in India. Last week I got an offer from a Company A who is sponsoring for my H1b. They will be filing my H1B visa application on Apr'07. The Company A has told me to join them only after getting H1b i.e. in Oct'07. Simultaneously, I have got another job in an Indian Company B with a handsome Indian Salary & job location is India. The Company B will be sending me to US on B1 Visa for 1 month after I join them in May'07. I will be back to India by Aug'07 which would help me to attend H1b interview in Oct'07. I don’t want to let go Company B offer which is in my hand for the Company A offer which depends on me getting H1b in Oct. I am planning to take Company B offer, go to US on B1 for a month, return in Aug for H1B interview in Oct and later switch to Company A if I get H1b. My Question is, papers for H1b is filed in Apr'07 by Company A, papers for B1 will be filed in May'07 by Company B. That is papers of B1 and H1b are being processed at the same time. Meanwhile, my wife being Indian CA has got an offer to work in UAE for 6 months starting from Aug'07. 1. Will I get B1 in May? Will Company B come to know about H1b filed by Company A? 2. What would happen to my H1b papers filed in April? 3. Will I be denied to get H1b in Oct'07 for having got B1 in May’07? 4. What type of questions I will be asked for H1b in this regard? 5. If my wife wants to join me in US on H4 during Apr'08, will she be questioned more during her H4 interview? Please suggest, is it good idea for her to work in Dubai before she applies for H4?

1. As long as you have the necessary documentation and all your papers are in place, you will get a B1 visa.
2. Company B will never get to know about the H-1B visa filed by Company A.
3. If your H-1B papers are filed in April it will be processed irrespective of your B1 application.
4. There is no relation between getting an H-1B visa and having a B1 visa and hence you cannot be denied an H-1B on these grounds.
5. You will definitely be asked why you went to the US and the nature of work of Company B.
6. Your wife can join you in April '08 on an H-4 visa. As long as you are employed, there will be no problem in getting an H-4 visa.
7. We feel that it is always good to have work experience and this has nothing to do with your wife getting her H-4 visa.

  Hi, I'm currently working for an MNC in India and went on a week-long business trip to US on B1 visa in January 2005. The B1 visa is a 10-year multi-entry visa. In March 2005 I got H1-B stamped on my passport, but I decided not to join the US company which sponsored the H1-B. I want to continue my employment in India in my current company. My question is: is my B1 visa still valid, given that I have an H1-B stamped after the B1 visa? If my current employer wants to send me again on a business trip to US on B1, can I use my existing B1 visa that is already stamped on my passport? Is there a need to get the H1-B visa cancelled for me to use the B1 visa? (Note that my B1 visa was stamped before my H1-B visa).

1. Since you have not entered the US using the H1B which you had stamped your B1 is not yet cancelled.
2. When you arrive at immigration please show your B1 visa and state your intention of leaving the country in 30 or 60 days.
3. Please also send a letter to the company that applied for your H1B visa asking them to cancel the same and stating that you are not going to use the visa for personal reasons.
4. Please have a copy of the letter where in you have clearly informed the person that you are not interested in his H1. Send the letter by mail and fax and maintain acknowledgements for the same.
5. You will not be able to use the H1B even if you want to after entering the US.
6. Please ensure that you show your B1 visa when you enter the US.
7. Please check the visa stamp to see if the US consulate has stamped anything on it.

 
  I am working in a software company in Bangalore. I visited Munich (Germany) for 3 months on a Business visa. Now the company is planning to send me to Munich for more than 6 months on a work permit from January 2007. My marriage is fixed for the 27th of December 2006. I want take my wife along with me. Can I take her along with me? Is the application to be sent along with mine? If so should I register my marriage before 27th of December? What is your suggestion?

1. You can take your wife as long as there is sufficient documentation from the company stating that they have allowed you to do the same.
2. If your work permit is approved she can accompany you to Germany as a dependant.
3. If her application has to be sent along with yours, technically you should be married on the day you made the application. This means that you have to register your marriage before December 27th.
4. Please talk to a lawyer before taking any action.

I was in USA from Mar 2003 to Aug 2005 on H1. My visa was expired in March 2005 and after that I had applied for the extension and got my H1 petition valid up to March 2008. In Aug 2005 I went to India and stayed there for 3 months. Then in Dec 2005 , I came to USA on L1B. So what is the status of H1 Visa, is it valid? The next question is , I was talking to one employer and he is saying that my H1 petition is valid and he can do the transfer. But I'll have to go to India in May 2006 for a week , so if I transfer my H1 and go to India for a week then will I be able to come back to USA on L1B or my L1B will get cancelled as soon as I transfer my H1? Please clarify.

1. Once you have entered the US on L-1B visa, your old H1 is not valid. As far as we know, you will not be able to legally transfer your H1 since you are working for more than 5 months on a L-1 visa.
2. Please note that it is preferable to apply for a new H1.
3. Talk to a lawyer.
4. We recommend that you do not take these kind of risks.

I got married being on J-1 visa which is due to 4th of March. I filed the documents to INS for changing my status to H4. My question is can I work one more month under my J-1 visa till it expires? Thank you

You can work on J-1 visa till it expires or till INS takes a decision.

i have been in US for past 3 months in L1B visa. i plan to quit from my current employer to any other companies here. what is the basic procedure actually.

do i need to approch some companies which would offer H1B for me? or i would directly apply for H1B visa?
Thanks in advance

There is no H1 B visa till Oct -05.

An employer has to apply for H1 B visa and not an individual.

Hi, Im working in Company X in US and im on L1B. My I-94 is expiring this june. Im planning to move another consultancy here. They said they can process H1B Visa. So if I apply for H1B and L1B Extension through different companies here will there be any problems

W donot think there would be any problem and we are sure you would have got a h1 / L1 by nown.

I had been studying in California with F-1 visa and valid I-20 until this Jan...and I have applied for H-1b visa which is still in processing. Actually i'm now waiting for the decision. my question is that if my H-1b visa is rejected... could I enter US with my B-2 visa? I believe that i can't enter US with my F-1 visa since my I-20 is expired... I got B-2 visa before i got F-1 visa in 1997 and expires in 2007...
thanks...

You can enter the USA on B2 technically, but there should be documentation for the same to ensure that there is no trouble at immigration.

I got my H-1B approval papers. Due to the economic slowdown the company has asked me to wait. I have an offer from UK. I am planning to work in UK till the US market stablises and the company is in a position to call me. Once I get my H-1B stamped, can if I get my passport stamped to work in UK? Can I hold a work permit for two countries at the same time? After working in UK, can I go to US with the H-1B I have?

You can have two work permits for two countries. As a matter of fact, you can have any number of work permits

I received my H-1B visa in February. However, due to the recession, my employer has still not called me. I need to go to the States to visit my relatives for a couple of days. Can I use my H-1B visa or do I have to apply for a tourist visa.

Your H-1B visa will be automatically cancelled in case you enter the US on a tourist visa. We recommend that you talk with your employer to find whether they have any intentions of calling you to the States and decide accordingly.

I am working in Company X in India. Another Company has applied for an H-1B on my behalf. I have got the EAC number. Company X now wants to send me to the US on a B-1 visa. If I apply for a B-1 visa, will I run into problems?

It is okay for you to apply for a B-1 visa, as the H-IB has not been stamped.

I find myself in a peculiar bind. I received my H-1B papers from consultant A and have sent them to the Consulate. After sending the visa papers for stamping, I received papers from consultant B. To tell the truth, I had first received an offer from consultant B, but since the INS delayed approving the visa petition, I decided in favour of consultant A. I am now interested in working with consultant B, as the offer is more attractive. I have signed a one-year agreement with consultant B, but no such agreement with consultant A. Can I go for stamping the approved visa petition sent by consultant B. What should I say to consultant A? Can you suggest what should I do? Should I opt for H-1 transfer? Should I get the visa transferred before I leave for the US?

Please understand that multiple H-1B processing is an unethical practice. It is this attitude which is today driving US companies to look for sources other than India for recruitment of software professionals. Please note that both consultants have spent close to $4,000 on your H-1B visas and one of them will have to incur an heavy loss on account of your inability to inform them of the situation in time. Besides, as a result of your action, a software professional will be denied the opportunity to work in the US. The US government counts the H-1B visa quota on the basis of the number of visas issued and not the number of aliens who have entered the US on the H-1B visa. You cannot transfer the visa from consultant A to consultant B. To affect H-1B transfer, the person must have worked for a minimum period of three months with the US employer. You can, however, go to the US Consulate and get your new H-1B stamped. You can cancel the previous H-1B visa. We recommend that you join the person who processed your visa, since they do not have an agreement.

I visit your site regularly, I gather from the Faqs that it's risky to file for multiple H-1B visas. I, therefore, followed your advice. I had offers from two companies. Company A applied for my H-1B visa last year. I got the visa approval in January and went for H-1B stamping. In the interim, Company B made an offer, which I declined. Due to some reason, Company A and informs me of its inability to shift me to the US. The offer from Company B still holds. The company has expressed willingness wants to file my H-1B. I have two questions. If I file for a new H-1B, will the Consulate create problems when I go for stamping, as I already have a visa.

I might go for a15-day business trip to the US. Will it be difficult to get the business visa of my present company?

Thanks for visiting our site and reposing trust in us. Please ask Company B to file for your papers. Please note that the Consulate Officer may ask certain questions on multiple H-1B filing and you must be able to answer with conviction.

You can get a business visa. This will not be a problem. When you enter the US, you need to tell immigration that you are travelling on a B-1 visa. Your H-1B will then get automatically cancelled.

Case: My friend, recently, got his H-1B stamped. Now, due to the slump in US markets and job cuts, the company is not able to place him. He is still in India and the company has been deferring his trip on some pretext or the other. As a result, my friend has completely lost faith in the company and doesn't want to go through them anymore. His visa was stamped last year and is valid till 2003. He has, however, never entered the States. Can he apply for a new H-1B through some other consultant? Is it possible to apply and get multiple visas stamped on his passport? What are the legalities involved in this process and if he goes to the Consulate, what kind of questions are likely to be asked.

He can apply for a new H-1B through another consultant and there are no legal issues involved.

Is it necessary for the first company to file for a petition to revoke the visa issued on their behalf?

No.

What are the likely legal problems in the above case?

There are no legal issues involved. when he goes for stamping of his visa, his earlier visa will get cancelled.

I have received an offer from a US-based company. The company arranged for my H-1B papers and the US Consulate in Chennai has issued the visa. After obtaining the visa, I handed my resignation to my current company. The company did not accept the resignation and has now asked me to go on a B-1 visa to the US. The company has applied for the B-1 visa. What is the procedure involved in getting the H-1B cancelled and the B-1 issued? My H-1B visa is valid up to 2003. Is there any problem in applying for the B1 visa, once the H-1B visa has been stamped? When I come back from the US and hand over charge, can I get the same H-1B restamped? Will the visa still be valid? Please advise.

Once you enter the US on your company's B-1 visa, the H-1B visa will be automatically cancelled. Please do not take the risk of getting your B-1 stamped, when you have already got the H-1B stamped. Once the H-1B visa is cancelled by the Immigration Officer, at the port of entry, the question of visa restamping does not arise. This is the reason why your current employer has asked you to go to the US on a short-term business visa.

I have one more query. I have decided not to call it quits with my current employer. Now, I am afraid that the Consulate may reject the B-1 visa application, as I am an H-1B holder. The HR personnel in my company say the US Consulate will not raise any objections. They have taken a letter from me, stating that I am not leaving the job and the Consulate should cancel the H-1B and issue the B-1. Will I face any problem?

If you are going to enter the US on the B-1 visa, the H-1B visa will get automatically cancelled. 
I suggest that you go to the US on an H-1B visa. 

I find myself in a peculiar bind. I received my H-1B papers from consultant A and have sent them to the Consulate. After sending the visa papers for stamping, I received papers from consultant B. To tell the truth, I had first received an offer from consultant B, but since the INS delayed approving the visa petition, I decided in favour of consultant A. I am now interested in working with consultant B, as the offer is more attractive. I have signed a one-year agreement with consultant B, but no such agreement with consultant A. Can I go for stamping the approved visa petition sent by consultant B. What should I say to consultant A? Can you suggest what should I do? Should I opt for H-1 transfer? Should I get the visa transferred before I leave for the US? 

Please understand that multiple H-1B processing is an unethical practice. It is this attitude which is today driving US companies to look for sources other than India for recruitment of software professionals. Please note that both consultants have spent close to $4,000 on your H-B visas and one of them will have to incur an heavy loss on account of your inability to inform them of the situation in time. Besides, as a result of your action, a software professional will be denied the opportunity to work in the US. The US government counts the H-1B visa quota on the basis of the number of visas issued and not the number of aliens who have entered the US on the H-1B visa.

You cannot transfer the visa from consultant A to consultant B. To affect H-1B transfer, the person must have worked for a minimum period of three months with the US employer. You can, however, go to the US Consulate and get your new H-1B stamped. You can cancel the previous H-1B visa. 

We recommend that you join the person who processed your visa, since they do not have an agreement.

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

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