M Ram Posted September 25, 2017 Report Posted September 25, 2017 Hi I am in India and I have a valid H1B petition and visa stamping done until Oct 2018 with my current employer 'A'. But my current employer 'A' does not have a project in US so they are not sending me to US. So I took an phone interview from India and got an contract job in San Jose and they want me to join in 2 weeks. So now can I transfer my H1B to another employer 'B' while I am in India? Also since in my case H1B premium is not available, even if I do a H1B transfer to another employer 'B' it will be only in normal processing. So I will just get an receipt number. So can I travel to US with just H1B receipt number from employer 'B' petition? Or will I get stopped in the port of entry and asked to go back to India? Please advice.
GC_Visa Posted September 25, 2017 Report Posted September 25, 2017 Yes you can transfer from India. No paystubs needed. I think you should wait for approval notice and possibly get passport stamped too. If Employer B is genuine there should be no issue.
JoeF Posted September 25, 2017 Report Posted September 25, 2017 You can NOT travel with the receipt. You have to wait for the approval notice. If the company has a lawyer, they would know that.
Chai Posted September 25, 2017 Report Posted September 25, 2017 H1-B transfer can be done from India. You need to wait for approval which, most likely going to be a "counselor processing" in India i.e. get H1-B stamped before the US arrival. USCIS had mentioned...."Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. " So there is a glimmer of hope that it would resume in your case as early as October.
M Ram Posted October 30, 2017 Author Report Posted October 30, 2017 Hi Thank you all for your advise. I got my H1B approval notice last week and traveled and entered into US. Thanks.
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