Transfer of H1B

[lingaiahg]

My H1B petition with Employer A was Approved 2months back, but not Stamped as No active assignment. Now i have an offer from Employer B, can they initiate H1B transfer at this stage and will i face any challenging questions during stamping in Chennai, India

[JoeF]

No. You have to start working for the original H1 petitioner before a transfer can be filed.

 

[lingaiahg]

Hi JoeF

I got the client letter and i want to go for COS from h4 to h1b.

can my employer apply for COS under premium processing ?

[JoeF]

3 hours ago, lingaiahg said:

Hi JoeF

I got the client letter and i want to go for COS from h4 to h1b.

can my employer apply for COS under premium processing ?

Is that the original H1 employer and the original client as specified on the H1 petition? If so, then the employer can file a COS based on the original H1 (or you could go abroad, get an H1 visa, and return with that.)

If this is not the original employer or not the original client listed on the H1 then it isn't possible.

Edited May 21, 2019 by JoeF

[lingaiahg]

Thanks JoeF.

Yes, It is the original H1 employer and the original client as specified on the H1 petition (Filed in Apr 2017 and Approved in Aug 2018)

I'm entered US with H4 in Oct 2018 and H1B is not stamped.

So can my employer apply for COS in Premium processing this week ?