H1B Transfer in India without travel to US so far


vikram0550

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When did you get the H1?

In 2014, USCIS clarified things for situations like yours: http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/

Hi Joef,

 

Thanks for your response. My H1-B petition was approved on Jun 2015 and got stamped on Nov 2105. So now can initiate the H1B transfer with my new employer and travel to US once get approved with existing VISA (valid till 2017, with old employer name on passport).

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Hi Joef,

 

Thanks for your response. My H1-B petition was approved on Jun 2015 and got stamped on Nov 2105. So now can initiate the H1B transfer with my new employer and travel to US once get approved with existing VISA (valid till 2017, with old employer name on passport).

 

Based on the rules USCIS clarified in 2014 (see the link I posted above), you have not been counted for the quota, since you did not start working for the original employer, and the H1 was revoked as per the law when you resigned from the company.

That means a new employer can not file a transfer.

They can file a new H1 in April for a start date of Oct. 1.

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