Bibidalia Posted August 22, 2016 Report Share Posted August 22, 2016 Dear Friends, I need your advice. I work for an IT forum based in India. My employer has applied for my H1-B in cap and it got picked up in lottery this year. I just moved to US on H4 visa by taking time off from my job(On Leave). I am still employee of my current employer who has sponsored my H1. My question is, if my employer does not find project/job for me in US, Can I transfer my H1 to new employer and start working for new employer. I am I eligible for that? If yes, Shall I need to go to India for Visa Stamping or Change of status can be applied during H1 transfer?? Appreciate your help. Link to comment
rahul412 Posted August 23, 2016 Report Share Posted August 23, 2016 No H1 transfer without working for initial H1 employer. Link to comment
Bibidalia Posted September 6, 2016 Author Report Share Posted September 6, 2016 Thanks Rahul for your suggestion. Do I need to go to India for Visa stamping or my empyoyer can apply for COS from H4 to H1? Link to comment
JoeF Posted September 7, 2016 Report Share Posted September 7, 2016 The employer has a project for you, that's why they filed an H1. If they are a consulting company, they had to provide a client letter, showing that a project is waiting for you. Are you telling us that the employer lied on the H1 petition? You need to start working for the original employer in the US on H1 (and obviously, you need to get paid) before a transfer can be filed. Link to comment
Bibidalia Posted September 17, 2016 Author Report Share Posted September 17, 2016 Hi, Thanks for your help. My employer has project thats why they filed petition and my H1 petition is approved as well. I took time off from work and I am in US on H4. Is it I need to go to India get stamped and come back on H1 and start working or COS can be filed from H4 to H1. Link to comment
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