New H1b Employer Do I Need a New Visa and US Consulate Interview

Hi,

I have a valid h1b visa stamped with company A. Luckily my existing company offered me a better position and so I applied for a h1b transfer and it got approved. I am currently in India and has not entered the USA till date. Do I have to appear to the US consulate again for an interview?

Often, Indian nationals are hesitant to go to the US Embassy for fear of visa denials even in the case of visa extensions or change of employers. I assume you have a current H1B visa and passport and that considerable time since the approval has not passed. As, you are changing employers the Indian Interview Waiver Program, available to H1B visa extension applicants who are renewing their H1B visas with the same employer (including waiver of a personal interview), is not available to you. You could check the USCIS case status on-line https://egov.uscis.gov/casestatus/landing.do to see if your prior H1B has been revoked or withdrawn. You could also check with your prior employer’s immigration counsel to see if the employer withdrew your H1B. However, many immigration counsels only represent the employer and may not communicate with you as a former employee. Even if the prior employer revoked or withdrew the prior H1B authorization, your visa may still be valid and presentation of your visa with your new employer’s approval notice may allow admission to the US in H1B status. Then, in the balance is your willingness to travel to the US on your current visa or make an application to the US Consulate for a new visa. Best of luck.