H1B Transfer in India or US ? Any Difference ?

[rahulfirm]

Dear All,

I'm from an IT Services Company from India and working in the USA on a H1 for a few years, I have been coming here on and off for a few months every year for the past few years.I have been asked to return to India unit and wait for projects. Earlier this was OK but not favorable now because my wife is also here on a H1 from her company. Sometimes it can take months before an onsite US opportunity can open up. My current project has ended. I only have another week before I have to go to India and wait for the job.

Please tell me which of the following I must do if I cant get H1B transfer by next Friday.

Resign from Current company next Friday and Change Status to B1, Look for Employer and then Change status back to H1 when I get a job ( Remain in the US )

or

Go to India , Resign from current company and wait for US opportunities with other companies,H1B transfer is needed when Im in India, after H1B transfer when Im in India,can I come right away or do I have to wait till stamping opens in October ? Is getting a H1B transfer done when in India complicated?

There is a wealth of information here and for now I know that if I apply for transfer to B1 status, i cant transfer to H1 until the B1 status is approved because a H1 transfer approval would make the period I stayed on H1 without pay as out of status.

Appreciate any inputs.

Advance thank you for your help.

[pontevecchio]

You could first file a COS to H4 and then once you have the receipt resign from the company and look for a job while in H4 status.

[ImmiSpecialist]

Rahul, don't go back to India. first do COS H1 to H4 then find good employer who will do H4 to H1.... let me know if u need any further info.

its easy to get H1 in your case, becoz you worked earlier on H1