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0 votes

Dear Sir/Madam,

Need your kind help on my query. 

I was in US for one year from the period Jan 2015 to August 2016 and returned back to India. I have quit the company. My US visa is stamped till October 2017. One of a desi US consultancy wants me to travel to US on my previous stamped Visa and then search for a job. Once a job is obtained they told they will initiate the H1B transfer at onsite. My previous employer has not revoked the H1B. So Can I follow the procedure told by the desi consultancy? Will it have any impact on my future Visa stampings?

Thanks for your kind help.

Regards,

Akash   

asked in H1B Visa by (200 points)

2 Answers

0 votes

Not a good idea. You are putting yourself at risk. The consultancy is asking you to lie to the immigration officer that you are still working for your previous employer and trying to enter USA to continue your work with your previous employer. If caught, this is legally punishable, and you may face immediate deportation and may be banned from re-entry. So, I advise you to transfer your petition to the consultancy company and have it approved, before you even try to re-enter.

You can only use it if you have a real job to come back to, with a H1 transfer petition approved. Don't try to enter USA without a transfer petition approved.

answered by (42.2k points)
Thanks for the response. If suppose I am not caught at POE can the USCIS find out at a later point of time? I am in dire need to go to USA unfortunately.
Yes they can. Your previous employer has to revoke your H1 or notify them about your termination of employment. Generally this process is very slow that it may taje a year or two. My previous employer H1 was revoked after 1 year by USCIS.

If it is very necessary to visit USA, please apply for B1 visitors visa and enter. Dont create unnecessary trouble for yourself, even if not caught now it may affect in future. Always do what is right and legal.
0 votes
Thanks for the response. If suppose I am not caught at POE can the USCIS find out at a later point of time? I am in dire need to go to USA unfortunately.
answered by (200 points)



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