H1B Transfer

[kkk1984]

Hi,

My wife H1B petition has been approved, but yet to get VISA stamping and currently she's in India. It seems there employer delaying to send her into USA, now i'm planning to call her as my dependent (H4) and then we are planning to transfer her Approved H1B petition from current employer over in USA. Here is my Query,

1. Is it possible transfer H1-B Approved petition (I797) from one employer to other when she’s in H4? If Yes, what would be the procedure to transfer her petition

[rahul412]

1. Is it possible transfer H1-B Approved petition (I797) from one employer to other when she’s in H4? If Yes, what would be the procedure to transfer her petition

Her current status will be H4, so it should be COS from H4 to H1, not H1 transfer.Correct me if I am wrong.

[sk.january]

Yes, once your wife is in the US on H4.

She will have to find a new employer 'or' her current firm that she has an approved H1 will need to file another petition to change her status from H4 - H1.

There is no 'basis of classification' on I-129 for 'Transfer', it will need to be a new petition with change of employer.

Check the I-129 form from USCIS and read part 2 - Basis of classification.