H1B transfer questions from a first-timer


Harry27

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Hi, this is my first time on H1B visa and I have few questions. I am with on H1B with Employer A (an Indian services company) working for Client C in California.

 

  1. My project is getting over and my employer A is unable to find any new projects for me. He may ask me to return to India. If he revokes my visa, can I still stay here for 60 days and search for a new H1B employer to transfer to?

  2. If I transfer my H1B to a new employer B under normal processing,

    1. Can A revoke my visa, while B-petition is still in processing? Will I be out of status?

    2. Can I start working immediately with new employer B?

    3. Will I be able to travel to India and return using A’s visa, while B-petition is still in processing?

    4. Will I be able to work for same Client C again via my new employer B? Can previous employer A sue me?

 

Thanks

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20 hours ago, Harry27 said:

Hi, this is my first time on H1B visa and I have few questions. I am with on H1B with Employer A (an Indian services company) working for Client C in California.

 

  1. My project is getting over and my employer A is unable to find any new projects for me. He may ask me to return to India. If he revokes my visa, can I still stay here for 60 days and search for a new H1B employer to transfer to?

  2. If I transfer my H1B to a new employer B under normal processing,

    1. Can A revoke my visa, while B-petition is still in processing? Will I be out of status?

    2. Can I start working immediately with new employer B?

    3. Will I be able to travel to India and return using A’s visa, while B-petition is still in processing?

    4. Will I be able to work for same Client C again via my new employer B? Can previous employer A sue me?

 

Thanks

1. Yes.

2. a. You will not be out of status.

    b. Yes, if you get a receipt.

    c. You can travel back after your B-petition approval, but not while it is processing.

    d. Unless he has any contractual agreements.

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