H1b transfer got denied and new petition got approved

Anil, let me explain my situation clearly

  1. I got my H1 in 2018 and transferred to new employer in 2019 and joined the company in march on receipt and received denial notice on june 4th 2019 and left country on june 17th 2019 (In mean while my old employer revoked my h1 application)
  2. My new employer re-applied the visa again and it got approved on june 27th ( it got approved in consular processing ), what all the required documents i need for H1 visa now, since it got approved in consular processing ?
  3. In us travel docs there is a question stating , Was your most recent visa (in the same class for which you are applying) lost or stolen or cancelled? what should be the answer for this question
  4. Do i need to get new employment offer letter from my company or do i need to continue with the old one ?
  5. In DS-160 i need to fill the job joining date, do i need to give old employment or new date?

please help me out of this.

Hi @sunny_19921

How did you come to US? Using H1B visa stamp or any other visa and then changed status within US?

You can use this H1B visa stamp documents list.

You need to fill DS160 based on your current approved H1B petition and not the first one.

i came to US on student visa then converted from F1 to H1B, (H1B got picked in lottery in 2018)

could you please answer my question 3, do i need to select yes or no? for it in us travel docs

You have never been issued an H1B visa. So, you should say ‘No’ for question “Was your most recent visa (in the same class for which you are applying) lost or stolen or cancelled?”

thank you so much Anil, one last question, since i haven’t got H1B visa stamping before, and there is another question which is stating have you ever got your h1b visa (i guess my answer should be no right?)

Hi @sunny_19921

Thank you so much for clearing all my question @Anil.Gupta

i have another question my OFC date is scheduled on july 10th and i got my visa schedule date on august 16th , will that be okay if i have 36 days of gap between OFC and VISA slot ( In mean while once i finish my OFC date i will try to re-schedule date). please let me know the difference timeline is ok ?

anil, can i reschedule my visa appointment before biometrics or do i need to wait until i finish my biometrics ?

I think you can reschedule only after you do not show up for current appointment date.

The only condition is that your vida interview date should be after biometrics date.

thanks Anil,

do i need to get a new employment offer letter? or still i can go with the old one? if yes, what date i need to get and is there any sample offer letters for my case?

You should get a new and current employment letter.

@Anil.Gupta since my new H1b is approved on Jun 29th, what date should it be on my new employment offer letter, please enlighten me on this.

The date the Employment letter is issued should be the date on it.

the real problem is coming here, In DS-160 form it asked me the start date of the job, if i give the later or today date it isn’t accepting, so do i need to go with the actual start date of my present employer through whom my h1 got approved (which is march 18th), and if i have different employment date in my new offer letter will that be okay?

Any future date is fine as long as you have Employment letter.
It is obvious that if you are outside US, then you have not started working for US Employer.

@Anil.Gupta thanks for the info, suppose if i get my employment letter with the date July 10th and i attend visa interview on July 20th does these days count under unemployment?

My lawyer told me, since i haven’t started working for the employer who filed the petition, so i don’t need to fill the information, but without filling the information i can’t proceed further.
i’m talking about DS-160 form here.

please help me out on this

Hi @sunny_19921

As i already said, the start date does not matter if you are outside USA and have not started working yet.

Not sure what’s your confusion now?

since, my lawyer said i haven’t started working for the company so i don’t need to put my employer information as present employer, that that’s the confusion for me.

as you clarified my doubt i will ask my employer to issue a new offer letter with a start date and i will put that one in DS-160 form. if visa interviewer ask me question i will explain. will that works?

Hi @sunny_19921

You are not the first one to go for visa interview when the H1B job has not started. Hundreds of H1B holders go for it every day.

So, your explanation should work.

@Anil.Gupta thanks for clarifying all my doubts and you’re the best.

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