H1B transfer after Oct 1 from India


LSK_India

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Hi All,

 

Seem to have lot of confusion.

 

Got a consultancy (A) file H1B for me this year, got approved.

Have not stamped it and not travelled to US .

 

Can a new consultancy/employer (B) file H1B (cap exempt) for me after Oct 1 ?

 

Some members have given suggestion that I need to work for consultancy (A) before I can initiate the transfer , which would mean that I will have to travel US and then do the transfer. Do not want to follow that route since new employer has a proper project in US . I do not have to search for project there.

 

Have anyone been in a case similar to mine and successfully changed employer ?

 

Thanks.

 

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Hi JoeF,

 

Somewhere it says : "USCIS (probably) wants to ensure that the all transfers be done after its effective date of Oct 1st. So, if the original petitioner revokes the application before Oct 1st, then the H-1B itself will become void - and the beneficiary cannot avail of cap-exempt petitions anymore with this receipt number!!"

 

So then is making a transfer after Oct 1 work ?

 

Also I could not understand "if they consular process" in this context - "If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap."

 

What does that mean ?

 

Thanks,

Link to comment

Hi JoeF,

 

Somewhere it says : "USCIS (probably) wants to ensure that the all transfers be done after its effective date of Oct 1st. So, if the original petitioner revokes the application before Oct 1st, then the H-1B itself will become void - and the beneficiary cannot avail of cap-exempt petitions anymore with this receipt number!!"

 

So then is making a transfer after Oct 1 work ?

 

Also I could not understand "if they consular process" in this context - "If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap."

 

What does that mean ?

 

Thanks,

 

Hi JoeF,

 

Somewhere it says : "USCIS (probably) wants to ensure that the all transfers be done after its effective date of Oct 1st. So, if the original petitioner revokes the application before Oct 1st, then the H-1B itself will become void - and the beneficiary cannot avail of cap-exempt petitions anymore with this receipt number!!"

 

So then is making a transfer after Oct 1 work ?

 

Also I could not understand "if they consular process" in this context - "If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap."

 

What does that mean ?

 

Thanks,

 

The "consular process" sentence means that if you are abroad, you have to get an H1 visa and enter with that H1 visa to start working for the original employer to be considered counted for the quota.

This says that in all situations, being in the US or being abroad, you have to start working for the original employer before a new employer can file a transfer.

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