H1B TRANSFER FROM INDIA.. PLEASE HELP

[ram_132]

Hi,

I am currently in India working for A company. A company sponsored my H1-B visa and it is Valid till Oct 2013 (from Oct 2012). I haven't entered USA on H1-B Visa.

Due to some project delay, Company A is not willing to send to me to work onsite (USA).

need your advise and help on below clarifications.

1. Can Company B (in USA) can hire and transfer my H1-B . if Yes

a. what is the probability that my H1-B transfer getting rejected.

b. if H1-B transfer for company B got rejected then H1-B from Company A still exists or not.

2. Can Company C (in India) can hire and transfer my H1-B

thanks

Ram

[Attorney_11]

This may be possible. It would be best to schedule a time to speak to a qualified competent immigration attorney. The USCIS generally only considers an H1B applicant counted against the numerical H1B cap if s/he is physically present in the U.S. when the change of status to H1B takes effect or s/he is issued an H1B visa from a U.S. consulate abroad. Absent one of the above the USCIS may deny a new H1B petition filed as cap exempt. However, we have seen situations where USCIS has approved the H1B petition as cap exempt after disclosing that no visa was issued.