I was in USA till Oct 2018 with my L1B visa from “Employer A” and I have completed the max period on my L1B.
USA based “Employer B” initiated H1B COS in 2018 and it was picked up in lottery. But it went through RFE and finally got approved in May 2019.
As I was running out of L1B visa and there was no approval of H1B by Oct 2018, I had returned to India and continued with “Employer A”.
Now, I’m planning to go for H1B visa stamping in India through “Employer B”, but “Employer B” is unable to provide a client letter. Instead, he provided the list of recent job opportunities that were received from the client in my skill set. My original petition was also filed with list of job opportunity details only (no client letter). Does “no client letter availability” will impact my visa stamping?
Well, it could. It all depends on how your petition was filed and if the Visa officer believes that the job requires client letter. Talk to your attorney and carry supporting documentation to prove that there is role for you. It is up to the discretion of the Visa officer and they can ask for it as needed and you need to have details of the same or provide supporting documentation why you cannot provide such things.
I went for visa stamping and it’s successful. I was asked to provide the supporting documentation like MSA/SOW as I informed them that I don’t have a client letter!! Appreciate all your valuable suggestions!!
I have few follow-up questions.
I’ve worked for “Employer A” in USA for 5 years and my H1B COS petition was filed when I was in USA. By then, “Employer B” attorney mentioned that I would get 1 year max validity on H1B as it’s L1B to H1B COS. But in between, I have traveled back to India in Nov 2018. As my petition/visa is approved in May 2019, and if I don’t travel to USA till Nov 2019 (1 year cool-off period), will I be eligible to get 6 years visa or it would be still 1 year?
My H1B visa is stamped only for 3 months as the petition is valid only till then. In case, If I don’t travel to USA and don’t work for “Employer B” by then, will “Employer B” have an option to revoke my petition? If yes, will I be CAP exempt in case “Employer A” would like to transfer petition in future may be in 2020?
Congrats ! Did you show MS and SOW at interview or submitted it later ?
Well, you get 6 years, they count all your time spent in US. It is very likely they give only remainder time. Read Recapture Unused Time H1B 6 years. Yes, you would very likely get it, if you stay out for one year…Double check with your attorney on this.
They cannot revoke, they can only withdraw. No, you will still be cap exempt. You can use the remaining time left.