H1B transfer from India

[sacten]

Now I am India and got new H1B stamped from Employer A, which is valid till Oct 2014. Is it possible to transfer this H1B to different employer (Employer B) from India? Can any US organization (Employer C in US) transfer this H1B?

Please Note: I was in US with L1 for 1.5 years.

[JoeF]

Technically, there is no such thing as a transfer. It is always just a new H1.

A new employer can of course file an H1 for you.

[smileysilvia]

You can transfer. What you mean employer from India? Any employer should be US employer to transfer H1.

[SameerH1Bworker]

NO. for transfer one should be in US. you may get new H1B with cap exemption though.

[wiweq]

If your employer files your h1b transfer when you are out of USA, most likely the H1b extension will be failed. In this case, even if your H1b will be approved, you won’t find I94 attached with your I797. You may be forced for consular processing to discuss why your extension was failed. I would suggest you to do the H1b transfer once you are in USA.