H1B transfer while in India


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Please go through the below scenario



1. Got my H1 Visa by Sep 2007

2. Been in US from June 2010 to May 2011 (have SSN)

3. Returned back to India by May 2011.

4. H1 Visa was renewed by Sep 2011 at Chennai consulate and extension was given till Sep 2014.

5. After that I didn't go to US.

6. Planning to transfer the H1 Visa to some other concern.



a. Is H1 Visa transfer possible while being in India? If yes, what is the procedure.

b. If Visa transfer can be done when should the transfer be started before Sep 2014 or can be done even after Sep 2014.


If any one in this forum could know the information on the above, please share.




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Same like as above , I am having the valid H1B visa with company A till 2016 , Due to some unavoidable situation I don't want to work with company A and wants to switch to company B.


Below are my questions :

1. What is the best process to follow H1b transfer from company A to company B?

2. Can I resign first from company A and do the H1b transfer ? or I need to do the H1b transfer first and then resign ? which one if safest option ?

3. After resignation from company A , do they cancel my I797 , I129 , LCA ?

4. If H1b transfer has been done by company B then do I need to go to US consulate for new visa again ? because "company A" name has printed on my visa.

5. If new visa is not required , can I go to USA with my old visa ? what should I say if immigration ask about my old company name printed on it ?

6. Is the client letter from company B is mandatory for H1b transfer and for "new visa" (in case required)

7. I am already holding F1 visa(Student visa) which has validity till 2015 but I never travelled to USA since my stamping has done on 2010. can I entry to USA on F1 visa and once I reach US then ignore F1 and do the H1b transfer ? Is it safe process ?

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Since you are not in US physically, file your transfer at any time, no need to resign from A. Once your H1 is approved, you can travel US with your old visa if its still valid. At POE just simply tell the truth.


No need to worry about the H1 revocation, its not your business. All you need is a valid 797 at POE, if you work at client location then you need client letter for H1 approval.

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  • 8 months later...

I am holding valid H1b visa valid till 2016 which was sponsored by company A , I never travelled to USA ,since I don't have US project from company A . I resigned and joined company B for any US opportunities.


But now I got an offer from company C who is ready to file my H1b transfer.


Below are my clarifications :

1. Can company B and company C file my h1b transfer in parallel?

2. As I already holding h1b visa with company A , after my h1b transfer approval from company C, can I use the company A sponsored visa stamp for travel to USA?

2. If I need to attend interview ,Am I eligible for Interview Waiver program once the petition from company C is approved ?

3. As I recently married after my h1b with previous employer ,After the h1b petition from company C is approved , me and my wife can go to interview at the same time ? Do I need to pay fees for separate appointments (me and my wife)?

4. My visa and h1b petition is valid till Sep 2016 , if h1b transfer is approved from company C , will the petition and visa have the same end date as Sep 2016.

5. One more concern : My passport is valid till Feb 2016 , if in case my visa from company C is approved and travelled to USA.Is there any chance to apply for renewal of my passport when I am in USA?


Please provide the details ASAP.


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  • 2 weeks later...

Thanks a lot Rahul...


Few more clarifications.


1. As I already has I797 from company A , If company c who filed h1b petition is approved and got new I797.

Now company B is ready to file h1b petition then during my filing, can I submit the previous I797 from company A for the H1b out of cap filing reference?


2. Do I get any conflicts if LCA is applied from company C and company B, Both LCAs are independent ?


3. H1b petitions from company B and company C are independent ?


4. As I never been to US , I don't have any Paystubs so applying h1b petitions without paystubs will effect for any denial ?


5. Last one , If company C doesn't provide client letter and company B has the client letter , which one is the best one to choose H1b petition to enter into US?


6. I heard from Attorney , After company C h1b petition is approved then I need to go to visa interview again along with my wife , going for interview again will effect for any denial ?


7. If company B`s H1b is approved and visa stamped , once I move to USA from company B , after a week, can I change to company C in which H1b is already approved.


Thanks in advance.

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