H1b transfer


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Hi ,

I have my h1b visa stamped in dec 2015. But havent travelled to us yet. Now i got another job oppurtunity in india and they are ready for a visa transfer post joining. I am afraid if i submit my resignation the current employer would be able to withdraw or cancel the visa.my visa is valid till june 2017. Can some one guide please

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You can NOT travel to the US on the current visa if you are not going to work for the original employer.

If you do, it would be immigration fraud and it would kill your future career in the US.

The new employer would have to file a new H1, and when it is approved you can travel with the current visa and the new approval notice.

If the new employer doesn't want to do it this way, then they are a fraud company.

Stay away from such fraud companies.

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The USCIS position seems to be that you can "transfer" the H1 if you have actually worked for the first sponsor or have got the visa stamped. So have the new company file and get your H1 petition approved and then join them. The first H1 petition has to be revoked as an administrative requirement if you do not work there anymore. You might like specific guidance from the firm of Murthy if the new company does not have adequate legal presence.

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