H1b transfer for a case where Visa Stamped with Company 'A', But never travelled.

[Rijogeorge]

Hello All,

 

I am writing on behalf of my wife. she is currently employed with a company in India and have a H1b visa stamped. but she have never traveled to US . Now she got an opportunity in a new company in India. I have the below doubts.

 

1) Is it possible to transfer the H1b to the new employer in India or the new company have to file a fresh H1b?

 

2) If a fresh H1b needs to submitted by the new employer, will her case go in exempt (not considering in lottery)

 

3) is it possible to search for opportunities in US company directly with the visa from employer 1?. is transfer possible this way.

 

4) What are the current options available so that we can travel to US as the current employer is not having any opportunities available. 

 

Thanks in advance

 

Regards

Rijo

[LSK_India]

Hi,

 

1) Is it possible to transfer the H1b to the new employer in India or the new company have to file a fresh H1b? : Yes she can "transfer" even though she has not traveled. It will be cap-exempt visa. Try to go through an employer rather a body shopper. Employer has better visibility and paperwork and less chances of issues during consular processing. 

The employer has to file a new petition with old approved petition number.

 

She should not travel to US without any opportunities.

[pontevecchio]

The rules have changed and your wife may not be eligible to "transfer". Please spend a few bucks and involve a Lawyer. Maybe ask for an opinion based on her facts from the firm of Murthy?

[LSK_India]

You find out an employer who is ready to file cap-exempt H1B  for you using your unused petition. The lawyer for that employer will be having the idea how to do that. Do not join the new employer till the petition is "transfered".

 

I know a couple of cases who have been successful without even traveling to USA. I am yet to come across a case where the "transfer" was denied due to the applicant never been there in USA.

[pontevecchio]

The rules have changed since last year. Past performance does not guarantee future results. Spend the cash on a Lawyers opinion.

[LSK_India]

Well I am talking under the new rules. I have my visa transfer in month of Feb 2016 and I have never traveled. My visa was approved in 2015 lottery. And other cases which I know are transferred this year itself.

 

I am sure you are not paying the new employer for your petition. If that's correct then you do not have to worry about the petition transfer, let the employer do that, ask him to do premium processing and do not resign till you get the transferred petition from new employer.

[pontevecchio]

post#6, where are you located now since you say you never travelled.

[Rijogeorge]

Thank You for the reply everyone....

 

@indorUSA - The new employer will initiate transfer only after joining the company. The risk here is that there is a chance that the current employer will submit a withdrawal of petition.

 

But, since the visa is already stamped, is it possible for the current employer to withdraw the petition?

 

Regards

Rijo

[Dalis123]

Hi, I am also in similar situation. I have H1B visa stamped in passport from employer A. I have transferred my petition to employer B. Now, is it necessary to apply for visa again with new I797 petition. or Can i travel with Old Visa i.e. from employer A and new petition.

[LSK_India]

I am in India. Got my petition approved last year August and "transferred" to an employer in January, subsequently got it stamped in Feb.

 

Have also seen couple of more cases who have go it "transferred" without being in H1 status.

[Ireddy88]

Even I am also in same situation I have valid visa stamped from employer A and not travelled before and employer B ready to file cap exempt petition and as per him no need to go for stamping again. Is that true can I travel with old visa and new petition?

[pontevecchio]

The word "transfer" does not apply when one is outside. It could be the previous year H1 which got delayed in approval or a H1 not subject to the cap like an University H1. The rules have definitely changed. If interested look up GOOGLE or the Murthy website.

[sexy777]

@ALL

I had a one to one attorney discussion with murthy law firm over telephone and I was told that if the visa is stamped then it would be cap exempted , it will be tricky is it is not stamped (only approved 1797)

 

I could not travel because in 2013-14 due to client hot hiring h1b because of some layoffs 

[LSK_India]

Hi All,

 

My original petition start date was Oct-2015 and in month of Jan-2016 I got it transferred to different employer. I had never traveled nor had the H1B stamped. I got it transferred and got it stamped as well in Feb-2016.