Can a fresh,unused H1 B Visa be transferred from outside the US- urgent

[aspirantal]

Hi All,

I have received a H1 B Visa stamping from one of the employers who directly recruited me from the US in this year ( 2012 -2013 ).

I am currently working for a company in india who after realizing that I will leaving for the above company, offered me the same benefits & package at their US location. My question is about whether my current employer in india can transfer the H1 B visa which is valid until 2015 to their name from outside US ( india ) and will it also be cap exempt as I havent travelled to the US on this visa?

I am worried that if my visa isnt cap exempt to be able to apply from my employer in india, I might have to wait until next October to be able to start working in the US.

Any quick information regarding this would be deeply appreciated.

if its cap exempt, do I have to go to the interview again?

Thanks

[kiran234]

There is no concept of transfering H1B VISAs between employers. New employer should always file an H1B.

Once an H1B for you is CAP counted and approved, any US employer can file an H1B for you under CAP exempt, provided you did not use all the 6 years of H1B.

[Attorney_10]

Generally, an individual is considered counted against the numerical H1B cap if s/he is issued an H1B visa by a U.S. Embassy or Consulate. A new employer would need to file a new or change of employer petition for consular notification and argue that the beneficiary has been counted against the H1B cap. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case.

[luck2u]

@aspirantal: I think your existing employer can file an H1B transfer with USCIS and once it is approved you can enter to USA with existing visa stamped on your passport. So that in Port of Entry, you need to inform that you have changed your employer as the employer name on visa and I-797 mismatches.

As always to be in safer place, check about this possibility with experienced immigration attorney.

[luck2u]

@aspirantal: I think your existing employer can file an H1B transfer with USCIS and once it is approved you can enter to USA with existing visa stamped on your passport. So that in Port of Entry, you need to inform that you have changed your employer as the employer name on visa and I-797 mismatches.

As always to be in safer place, check about this possibility with experienced immigration attorney.

[aspirantal]

Thanks everyone ,

I have already contacted an immigration attorney, I shall post the outcome of the discussion between us.

I guess many people are out there in the same kinda situation.

[aspirantal]

I just spoke to an immigration attorney using a phone consultation facility,

He said that if my current employer files a premium petition and should the petition be approved, I should be able to travel to the US using the new I 797 with the existing H1 B Stamping , but again he mentioned this differs from attorney to attorney on how they claim your status to be. Its not a 100 % sureshot thing.

[aspirantal]

My Petition got approved and i am traveling to US on a older visa

[luck2u]

CONGRATES aspirantal!!

Can you post your experience in PoE once you land in United States. Thanks inadvance!!

[NeverStop]

Hello aspirational,

 

I am in the similar situation. I am curious to know if you could enter US without any issues? Can you post it here, please? Thanks.

[gchaitu]

Hello aspirational,

 

I am in the similar situation. I am curious to know if you could enter US without any issues? Can you post it here, please? Thanks.

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[NeverStop]

Hi aspirational,

Any useful informatiion for us, please? Thanks.

 

Anybody else, let me know if you or somebody you know has travelled in this case.