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tgopi99

H1B Transfer from India while in India

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Hi,

          I got my H1B Approved, and I also got stamped in August 2019, now my company asked me to leave due to layoff and I will be there in the company until end of next month.

Can I land in US with the existing H1B from my old employer and then go for H1 transfer. If so will there be any problem at port of entry, as I don't know what are all the papers the might ask at the port of entry, and which port of entry will be more safe.

I lived in US through this company for 11 years and came to India through this same company and got stamped now through the same company but for different client. (I came to India from Chicago and now the new client is also located in Chicago).

 

If I go for H1B transfer from India, is it safe to transfer it from here or go to US with my existing H1B (company is not ready to send me, but want to land in US as I have valid H1B and Visa) and then go for transfer.

 

Someone kindly advice which route is safer and how risky to go with my existing H1B and Visa.

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You can NOT use the H1. Traveling with the H1 when the job no longer exists would be immigration fraud.

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The operative words are " company does not want me to work in the US". Hence get another sponsor to file with PP and then come over on approval. Anything else would be considered fraudulent.

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Yes you can ask other company to file for a cap-exempt case. You can be in India or US does not matter. Even if you do not have it stamped or you never have worked for the company it does not affect the transfer. 

I have got it done couple of years back and also some of my friends did it successfully earlier as well.

Get a genuine company and let them handle it.

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