H1B transfer in India

[techiee_0racle]

Hi,

I am having a valid H1B with company A valid till 2015. Due to some issues I don't want to work with company A and wants to switch to company B.

My question is:

1) Is it possible to transfer H1b visa to company B while living in India?

2) Is my current company having the power to cancel my H1B as I have heard from someone that they will send my passport to consulate for marking cancelled stamp?

3) I have not signed any bond or condition with my current employer for H1B.

Please Note:- I have not traveled to US even for a single occasion since stamping.

Please advice.

Thanks in advance!!

[jairichi]

(1) Yes, you could ask your company B to process a H1B application for you while in India.

(2) Are you not in possession of your passport??? If yes, why is it with your company??? Safe keeping???

[binoca82]

company B need to porcess a new H1 petition for you, on approval you can travel using the old H1 visa stamp. company A can revoke their petition but they can't do anything to cancel the visa stamp and you can use it for other employers.

[0407]

You can get an employer to file a H1B transfer for your existing H1B. There is no way your current H1B petitioner can

cancel your H1B Visa. However, he can withdraw your H1B petition. If he does that you can not join him even after

having H1B visa.

If H1B petition is withdrawn by employer, you can still transfer it to some other employer

[CompletelyForgot]

1. You cannot transfer your h1b visa, because you have not activated it yet by travelling to US and working for the company while in US. The second company needs to apply for a new h1b visa and not try to transfer.

2. Your passport should always be in your possession. If it is not and if you reveal that your employer is holding your passport that is a violation.

3. As mentioned by the above poster, company A can cancel the petition and you will not be able to travel to US and activate the H1B. But, if you have H1B approval (i797 form) from another company, you can still travel into the US with passport having old stamping, but new i797.

[0407]

You can transfer your H1B in the situation you are in. I know at least two close friends who

transferred their H1B ( which was via a desi consultant) to two multinational product based

companies in USA. They neither had H1B stamped nor were they in USA when H1B was approved.

[jyothisreekanth]

Iam currently in US on L1B, i have two H1B new approvals from different employers.(one is my company and other is consultant)

my current employer paying indian salary and perdiem in US and he is not running payroll in USA ( this scares me) for H1B holders.

How can i transfer my H1B without current employement US paystubs?

if i get the stamping done for H1B with current employer and come back to US , is i can move to consultant H1B?

please let me know how can i deal this situation.

[pavan_273]

I am having a valid H1B with company A valid till 2016. Due to some issues I don't want to work with company A and wants to switch to company B. 

My question is:
 Is it possible to transfer H1b visa to company B while living in India?
Please Note:- I have not traveled to US even for a single occasion since stamping

[jairichi]

I am having a valid H1B with company A valid till 2016. Due to some issues I don't want to work with company A and wants to switch to company B. 

My question is:

 Is it possible to transfer H1b visa to company B while living in India?

Please Note:- I have not traveled to US even for a single occasion since stamping

Yes, employer B has to file a cap exempt H1B petition. On approval you can travel with a valid H1B visa and I797.

[pruthvi.thufan]

Same like as above , I am having the valid H1B visa with company A till 2016 , Due to some unavoidable situation I don't want to work with company A and wants to switch to company B.

 

Note : I HAVE NOT TRAVELED TO US EVEN FOR A SINGLE OCCASION SINCE STAMPING 2013.

 

Below are my questions :

 

1. What is the best process to follow H1b transfer from company A to company B?

 

2. Can I resign first from company A and do the H1b transfer ? or I need to do the H1b transfer first and then resign ? which one if safest option ?

 

3. After resignation from company A , do they cancel my I797 , I129 , LCA ?

 

4. If H1b transfer has been done by company B then do I need to go to US consulate for new visa again ? because "company A" name has printed on my visa.

 

5. If new visa is not required , can I go to USA with my old visa ? what should I say if immigration ask about my old company name printed on it ?

 

6. Is the client letter from company B is  mandatory for H1b transfer and for "new visa" (in case required)

 

7. I am already holding F1 visa(Student visa) which has validity till 2015 but I never travelled to USA since my stamping has done on 2010. can I entry to USA on F1 visa and once I reach US then ignore F1 and do the H1b transfer ? Is it safe process ?

 

If any person is with same case like me ...Pls email me to ********@gmail.com

[pruthvi.thufan]

My case is similar to your case.

Can you pls email me regarding H1b transfer in detail to **************@gmail.com

[prrabu]

Hi,

I am having a valid H1B with company A valid till 2015. Due to some issues I don't want to work with company A and wants to switch to company B.

My question is:

1) Is it possible to transfer H1b visa to company B while living in India?

2) Is my current company having the power to cancel my H1B as I have heard from someone that they will send my passport to consulate for marking cancelled stamp?

3) I have not signed any bond or condition with my current employer for H1B.

Please Note:- I have not traveled to US even for a single occasion since stamping.

Please advice.

Thanks in advance!!

[prrabu]

Hi,

 

I have H1b with stamped, both petiotion and visa expires  30 september 2014.Now i am with company A. Comapany B is ready to transfer my H1b . But I will be able to join Company B , 15 days of before expires of visa and petition. 

 

1) In that case company B is able to process the H1b?

2) If expires i mean after septmeber 30 ,Company B will be able to do My H1b Transfer?

3) I have the documents and passport with, If i resign from company A.. will they cancel my visa / and ask documents?  

 

Please help on that.

[jairichi]

Hi,

 

I have H1b with stamped, both petiotion and visa expires  30 september 2014.Now i am with company A. Comapany B is ready to transfer my H1b . But I will be able to join Company B , 15 days of before expires of visa and petition. 

 

1) In that case company B is able to process the H1b?

2) If expires i mean after septmeber 30 ,Company B will be able to do My H1b Transfer?

3) I have the documents and passport with, If i resign from company A.. will they cancel my visa / and ask documents?  

 

Please help on that.

1. Yes.

2. Yes, as long as you have not completed the max allowed stay of 6 years on H1B.

3. Company A will revoke your H1B petition but it will not affect cap exempt H1B petition filed by company B.

[prrabu]

Thanks for your reply.

 

If company A wants original documents , then company B will be able to process H1B transfer with copy of the documents instead of original.  In my passport visa has been stamped.

[jairichi]

Thanks for your reply.

 

If company A wants original documents , then company B will be able to process H1B transfer with copy of the documents instead of original.  In my passport visa has been stamped.

Copy of documents are sufficient.

[h1b-transfer]

Same like as above , I am having the valid H1B visa with company A till 2016 , Due to some unavoidable situation I don't want to work with company A and wants to switch to company B.

 

Note : I HAVE NOT TRAVELED TO US EVEN FOR A SINGLE OCCASION SINCE STAMPING 2013.

 

Below are my questions :

 

1. What is the best process to follow H1b transfer from company A to company B?

 

2. Can I resign first from company A and do the H1b transfer ? or I need to do the H1b transfer first and then resign ? which one if safest option ?

 

3. After resignation from company A , do they cancel my I797 , I129 , LCA ?

 

4. If H1b transfer has been done by company B then do I need to go to US consulate for new visa again ? because "company A" name has printed on my visa.

 

5. If new visa is not required , can I go to USA with my old visa ? what should I say if immigration ask about my old company name printed on it ?

 

6. Is the client letter from company B is  mandatory for H1b transfer and for "new visa" (in case required)

 

7. I am already holding F1 visa(Student visa) which has validity till 2015 but I never travelled to USA since my stamping has done on 2010. can I entry to USA on F1 visa and once I reach US then ignore F1 and do the H1b transfer ? Is it safe process ?

 

If any person is with same case like me ...Pls email me to ********@gmail.com

Hi,

Did you get clarity on Question 1-4. Please share your experience. Help plz as someone did it to you,  as i am in similar situation.