H1B transfer from India


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Hi

I am working for Indian company A and came to USA on H1B. Now, I am no more interested to work for company A. I got a better opportunity with company B. I have to give 2 month notice to company A,which means they will send me back to India soon after I resign in USA. After I reach India,

1. can I initiate the H1B transfer process with company B?

2. does company A revoke my H1B in the mean time?

3. How much time I will have for H1B transfer before company A applies for h1b cancellation?

4. do I need to get new visa stamping for company B or can travel to USA on same old company A visa after H1b transfer to company B?

please advice.

Thanks

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  • 2 weeks later...

Generally, a new company may begin the H1B filing process for a change of employer petition at any time. If the beneficiary is abroad when the petition is filed, the petition must request "consular notification." Once an H1B employee leaves the sponsoring employer, the company is required by law to notify USCIS and withdraw the petition. Generally, an H1B employee may use the valid, unexpired H1B visa issued for "Company A" and the I-797 approval notice for "Company B" to return to the U.S. If the visa is expired, the beneficiary must apply for a new visa at a U.S. consulate abroad.

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