Process after H1B stamping - Duration calculation, employment constraints

Hi Saurabh,

I have shared with you my H1B stamping experience in New Delhi and again looking forward to your help with a couple of questions going forward:

  1. How the duration of the H1B visa is decided? I am aware that the H1B visa is valid for 3 years with 3 extendable years. My petition was filed on 13th November 2011 and the Visa will be stamped this week. So when this duration of 3 years is actually starting - from the date of petition or from the date of stamping or from the date when I will fly to US? This is really a confusing question for all the applicants and hasn’t been asked before. Therefore, you input will really help in this duration calculation.

  2. Am I eligible to get a job with a different employer(which applied for my H1B) while staying in India itself. I am aware that it would require an H1B transfer application by the new employer which will be cap exempt but I am still confused if it can be done while staying in India itself?

  3. Can my current employer interfere in any way with my H1B visa if I choose to resign and wish to go to US through another employer?


Tamana Singh

  1. One person can stay in the US for a maximum duration of 6 years on H1B status. This is calculated from the date of entry to the US.

    1. As far as I know, this can be done even if you are in India.

    2. Your current employer cannot interfere with your H1B processing and employment by another company in the US. However, they could cancel your aprroved H1B filed by them, but this will not affect your new H1B petition (transfer). Only thing the current employer can do is, ask you to pay for their business loss due to this which I am not sure how you can handle - you may take an opinion from an immigration attorney.