H1 Transfer when never travelled to US but Visa Stamped

skukreja

By skukreja,
in H1B : Portability Issues

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skukreja Newbie

skukreja

Posted
Posted

I have one query. I have got my H1 Visa approved this year and got it stamped also from my current employer in India. The project for which my indian company has filled my H1 has ended abruptly.

So I could not get to US on my this H1 visa.

I have got offer from another company but they are saying that they would not be able to transfer my visa to them as I am outside US and never travelled to US.

Is there any way out.

Is it that they can file my new application when next quota of H1B open.

Thanks

Saurabh Kukreja

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Chitown01 Advanced Member

Chitown01

Posted
Posted

They can file your H1 petition right now as well, since your h1 was approved in the past you are NOW CAP EXEMPT... so your employer can file a NEW H1 petition on your behalf and since you are NOT in the US, if everything is okay, it will get approved thru Consular Processing.

New Employer DOES NOT have to wait till April 1 2012.

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  • 3 months later...
kn.sandeep Member

kn.sandeep

Posted
Posted

Hi,

I have worked for Company A in India and went to USA for 2yrs 10Months for Company A on H1B and now I have a Valid H1 till June 2013 with same Company A with VISA Stamping. Right now, I am in India for some personal work.

If I Change my Company from A to B in India. If Company B wants to apply for new H1, will it be exempt from the Quota?

Can I transfer the VISA while I am India? What are my Options here? Should I change my H1B in USA (or) India?

Company A is both in India, USA

Company B is both in India, USA

Please suggest!

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  • 2 years later...
GHPS Newbie

GHPS

Posted
Posted

Hi Saurabh,

I was also in the same situation. Your new company should file for a H1B transfer and once completed, you can go to the consulate and get a new stamp. I did the same and had no issues.

 

Hi Samerg10,

 

What was the interval between 1st visa interview and 2nd visa interview. was it short interval like 2-3 months.

 

Thanks in advance. 

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