H1B Transfer while in India

[GC2018]

Hi

I got my H1 while in US and was in US for more than a year on EVC job. Then I had to come to India for an emergency. I got my H1 stamped but was then laid off by my company while still in India. Since I am in India for 2 months now I do not have the latest pay stubs as well.

My question is, can I get my visa transferred while in India if any company is willing to do so?

Thanks

[rahul412]

Hi

I got my H1 while in US and was in US for more than a year on EVC job. Then I had to come to India for an emergency. I got my H1 stamped but was then laid off by my company while still in India. Since I am in India for 2 months now I do not have the latest pay stubs as well.

My question is, can I get my visa transferred while in India if any company is willing to do so?

Thanks

If you got paid till the last working day, then you are good to go.

Once you are laid off and not present physically in US then you are not on H1.

[Attorney_25]

You can have an employer file an H-1B petition for you while you're outside the US. After it's approved you can travel with the visa you already have, plus the new I-797 - making sure to show both together when you enter the US.

It is extremely important not to use the existing visa to enter the US, without the new approval notice for the job you actually plan to work in, as you could open yourself to a charge of fraud and permanent bar from the US.