**** H1B Transfer from Indian Based Company to US Based Consulting **** Urgent

[Swathikk]

Hello All,

 

I request for your guidance for my situation.

 

I work for an Indian Based CMMI Level 5 Company and My H1B has been applied in 2012 and I got the visa stamping till 2015. It was nearly a year I got the visa stamped. We do not find any opening for onshore for the project that been filled in H1B Petition and even that project has been ramped down.

 

I have been waiting for an year for any onshore opportunities, but it did not happen due to no projects for our company.

 

So I request you to suggest me on my below queries.

 

1. Staying in India, can I transfer my H1B Visa from Indian based company to any US based consulting.

 

2. If I keep the resignation for the current Indian company, will they stop or withdraw the H1B Process of me, or will they stop the transfer.

 

Thanks,

Swathi

[jairichi]

(1) Yes, you could transfer your existing H1B to a US consulting company. But, first they should have a job to offer you and then willing to file a new H1B petition for you except for the fact that you are cap exempt now. Once you get the approved I797 you could travel to US with out the need for a new H1B visa stamping.

 

(2)By law, your current employer has to inform USCIS and revoke your H1. This is in no way going to affect your visa transfer. And, they have no control over your new H1B petition

[t75]

There are many unemployed American citizens, legal residents, and currently on-shore H1Bs looking for jobs. The US is not the vast job field that you have been led to believe.