H1B Transfer without travelling US

chawlavinu

By chawlavinu,
in H1B : General

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chawlavinu Newbie

chawlavinu

Posted
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I received H1B visa very recently in March-2013 thru Company A. It is valid till July-2014.

The company A does not have any project to send me to US. I have never travelled to US. I dont want to get my H1B wasted without travelling.

Please help me in answering the following few questions:

1. Can I ask another company (i.e. company B) for H1B transfer? Is it possible without travelling or without showing pay stubs to company B?

2. If company B application for my H1B transfer gets denied. will my existing H1B validity hold?

3. How much time it takes to transfer H1B from one company to another?

4. Can company B initiate H1B transfer process immediately after offering me appointment letter? I mean, by I join company B, the notice period (i.e. 30-60 days) time can be utilized to transfer H1B?

5. At any point, does the company A have any right to cancel H1B? This is quite possible situation because they spent a lot for visa and it has been used by some other company.

6. Worst case: If company B is ready to transfer the visa during my notice period with company A, and at the end of notice period company A convinces me to stay back for onsite assignment in US on the same H1B, then what are the possible consequences? who will be the ultimate petitioner of H1B?

Please help in such a needful and decision making situation.

Thanks

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wiweq Advanced Member

wiweq

Posted
Posted

I received H1B visa very recently in March-2013 thru Company A. It is valid till July-2014.

The company A does not have any project to send me to US. I have never travelled to US. I dont want to get my H1B wasted without travelling.

=> How did you get H1b visa without any project? To get H1b approval, visa a valid project is required.

Please help me in answering the following few questions:

1. Can I ask another company (i.e. company B) for H1B transfer? Is it possible without travelling or without showing pay stubs to company B?

=> Because you are out of USA, another company can file your H1b and no paystubs will be needed.

2. If company B application for my H1B transfer gets denied. will my existing H1B validity hold?

=> Because you are not in USA, you have no active H1b. Your H1b status starts once you are in USA.

3. How much time it takes to transfer H1B from one company to another?

=> In premium processing, 15 days. In regular processing 3-4 months.

4. Can company B initiate H1B transfer process immediately after offering me appointment letter? I mean, by I join company B, the notice period (i.e. 30-60 days) time can be utilized to transfer H1B?

=> Because its not an H1b extension, you can start working on H1b only after approval. Once you accept the offer from B, they will start filing H1b for you. Remember, H1b fees should be paid by employer. Paying H1b fees by beneficiary/ employee is illegal.

5. At any point, does the company A have any right to cancel H1B? This is quite possible situation because they spent a lot for visa and it has been used by some other company.

=> H1b is an employer sponsored visa, they have all the rights to revoke the H1b at any time.

6. Worst case: If company B is ready to transfer the visa during my notice period with company A, and at the end of notice period company A convinces me to stay back for onsite assignment in US on the same H1B, then what are the possible consequences? who will be the ultimate petitioner of H1B?

=> If you decide to stay with A, you can ignore B's offer and their H1b. Just let them know in written that you are aware of B's H1b, and you have decided to not to go with their offer.

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pontevecchio Advanced Member

pontevecchio

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1. You can find another company willing to file your H1 petition and get it approved. You are already cap counted and hence can wait for approval and get the visa and come over. 2. Yes. 3. 3 weeks to many months. 4. What notice period? Once the new company has got an approved H1 petition give notice to your present company. 5. A can cancel anytime. You still do not get it. Their petition HAS NOT BEEN USED by the new company. If you do not work for A they will and must revoke your H1 petition WITH THEM. 6. Your notice period with A has no connection with a H1 from B. Indian Labor Law is immaterial here.

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  • 2 months later...
chawlavinu Newbie

chawlavinu

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I need one clarification here.

Please refer Question number 5 and its responses.

If company A cancels the petition during my notice period, and company B is ready to file H1B transfer application only after I join them then

1. Does my H1B visa hold good still?

2. Is it possible to transfer even though the petition has been already canceled by company A?

3. Will I need to re-appear at US consulate for visa interview?

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