H1B Transfer Queries

[NaveenY]

Hello,

I have H1B petition with EmployerA(EA) valid till mid of 2017(Visa expired on Dec 2014 that means need to go for stamping) and i am currently reside in India from start of 2015. I was in USA for 2 years with same employerA. now i am planning to quit EmployerA and join with EmployerB(EB). 

 

1) Is it possible to transfer my H1B from EA to EB though i am in India at present?

 

2) do i need to transfer H1B before resignation from EA or is it can be done after joining EB ? Note: EA will file a revoke/withdraw my H1B request after immediate resignation.

 

3) In case if EA files revoke/withdraw request immediately and get it revoked, will it be possible to transfer revoked H1B to EB in future with cap exemption ?

 

4) Please provide pros and cons if any.

 

Thanks in advance

[jairichi]

1. Yes.

2. Anytime. Revocation of your H1B petition will not be an issue.

3. Refer 2.

4. Get a copy of I797 from employer A.