HIB Transfer queries

[Rashmisuryanarayana]

Here is my scenario :
I have an approved valid H1B Petiton from company A and staying in India. Since my spouse is travelling on h1b soon,I am looking to transfer my h1b to another company in US . What are the documents needed for transfer ? All I have is the soft copy of I-797B Form .Will this do ?
Also ,Please let me know the procedure for h1b transfer . Do i travel along with my spouse on h4 and then get my visa transfered or do i need to het h1b visa stamped from my new employer and then travel
Waiting to hear back at the earliest . Fingers crossed! :)

[rahul412]

Here is my scenario :

I have an approved valid H1B Petiton from company A and staying in India. Since my spouse is travelling on h1b soon,I am looking to transfer my h1b to another company in US . What are the documents needed for transfer ? All I have is the soft copy of I-797B Form .Will this do ?

Also ,Please let me know the procedure for h1b transfer . Do i travel along with my spouse on h4 and then get my visa transfered or do i need to het h1b visa stamped from my new employer and then travel

Waiting to hear back at the earliest . Fingers crossed! :)

For H1 transfer, you need 797 and pay stubs if you have worked on H1.

If you enter into US on H4 then your employer has to file COS to H1 along with H1 petition, if approved no need of H1 visa

If you want to enter into US on H1, then get your H1 approval and visa.

[Rashmisuryanarayana]

Hey Rahul ,

 

Thanks for the reply . I have few more questions :

 

1.I haven't used this H1B and since I am staying in India i do not have to produce pay stubs as part of documentation right ?

2.Let us assume I am travelling on H4. Will it cause any problem when i get my h4 ->h1b transferred ?

3.What is the minimum time that i need to be on h4 visa once I am in US ?

4.Do i need to go back to India for stamping once my h4 is transferred to h1b for stamping ?

 

Quick and concise replies appreciated:)

[rahul412]

 

1.I haven't used this H1B and since I am staying in India i do not have to produce pay stubs as part of documentation right ?

2.Let us assume I am travelling on H4. Will it cause any problem when i get my h4 ->h1b transferred ?

3.What is the minimum time that i need to be on h4 visa once I am in US ?

4.Do i need to go back to India for stamping once my h4 is transferred to h1b for stamping ?

1. Yes

2. No

3. Their is no minimum time.

4. Only if your H1 is approved but COS is denied.

[Rashmisuryanarayana]

Thanks for the swift reply Rahul !

 

Can you please elaborate on the reply given to 4'th pointer. I did not understand .

[rahul412]

Thanks for the swift reply Rahul !

 

Can you please elaborate on the reply given to 4'th pointer. I did not understand .

Your H1 should be filed along with COS to H4. If both approved then you are safe, if H1 is approved but COS is denied then you need to exit and enter US with H1 visa stamp

[Rashmisuryanarayana]

"Your H1 should be filed along with COS to H4 " - to H4  ? Do you mean from H4 to H1

[Rashmisuryanarayana]

"Your H1 should be filed along with COS to H4" - Did you mean COS from h4 to h1 ? Also , 3 more questions :

 

1. Will the existing  I797 (the current company's approval notice) be sufficient to get a new h1

2. I will fall within the cap exempted category right (asking this question again since i have never used the current h1 or neither is it stamped)

3. Filing for a new h1 and cos from h4 to h1 is 2 different process is it ? Does both need 2 different approval ? Going by the previous reply , Even if my new h1b is approved and cos won't be approved i will not be eligible to work ??

 

What I understand is go to US with H4,find a employer,get an h1 and get started . Can you explain where is this cos coming into picture ?

[rahul412]

 

What I understand is go to US with H4,find a employer,get an h1 and get started . Can you explain where is this cos coming into picture ?

You will be on H4 and to work on H1, your H1 employer should file COS to H1 along with H1 application. Your employer knows how to do this , no need to worry.

[rahul412]

"Your H1 should be filed along with COS to H4" - Did you mean COS from h4 to h1 ? Also , 3 more questions :

 

1. Will the existing  I797 (the current company's approval notice) be sufficient to get a new h1

2. I will fall within the cap exempted category right (asking this question again since i have never used the current h1 or neither is it stamped)

3. Filing for a new h1 and cos from h4 to h1 is 2 different process is it ? Does both need 2 different approval ? Going by the previous reply , Even if my new h1b is approved and cos won't be approved i will not be eligible to work ??

1. I think your employer has to file a new H1

2. Yes

3. Both can be filed together.