H1B transfer is possible before1st travel to US


vikram0550

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Hello,

 

I'm working in  "ABC" employer in India for "XYZ" client, And my H1B is approved on Jun 2015 & got stamped on Jan 2016 through "ABC". MY Visa was valid till 2017, but I haven’t get opportunity to travel US so far, Now the client "XYZ" offering me the permanent position.

 

1) So, if my employer (ABC) is withdrawal the petition once I’m resigned, then is it possible transfer my Visa to new employer with cap exempt ?
2) Or else the Visa is no longer valid, since i didn’t travel to US for the first time with petitioner.

3) if my employer is not revoked my visa, Then in feature I may come back to “ABC” and travel to US with the same unexpired Visa ..?

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1. You will not be eligible for CAP Exempt petition as you have not worked for the employer in the US.

2. I believe you can still travel based on your previous visa with the new approved H1 petition. (Not exactly sure.. will wait for others to respond on it)

3. If I understand your question correctly, you are asking if the H1 is not revoked and if the employer hires you back. Would you be able to use that petition and visa to come to the US? Yes, as long as the petition and visa are not expired.

 

Humble suggestion.. please learn to phrase sentences properly.. for your own benefit..no offense. all the best

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Hello,

 

I'm working in  "ABC" employer in India for "XYZ" client, And my H1B is approved on Jun 2015 & got stamped on Jan 2016 through "ABC". MY Visa was valid till 2017, but I haven’t get opportunity to travel US so far, Now the client "XYZ" offering me the permanent position.

 

1) So, if my employer (ABC) is withdrawal the petition once I’m resigned, then is it possible transfer my Visa to new employer with cap exempt ?

2) Or else the Visa is no longer valid, since i didn’t travel to US for the first time with petitioner.

3) if my employer is not revoked my visa, Then in feature I may come back to “ABC” and travel to US with the same unexpired Visa ..?

 

1) you cant transfer a revoked petition using cap exempt.

2) No. Visa is valid if you have approved h1 petition with any other employer.

3) yes as far is visa and petition not expired you are good to travel US with old employer.

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Unless you start working for the original H1 employer in the US, you are not considered counted for the quota.

And the employer is required by law to inform USCIS if you are not working for them in the US.

See http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/

 

This "getting an H1 just in case" doesn't work anymore. And employer ABC had to provide a client letter with the petition. If that position at the client no longer exists, the H1 would get revoked as well.

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"Unless you start working for the original H1 employer in the US, you are not considered counted for the quota.

And the employer is required by law to inform USCIS if you are not working for them in the US.

See http://forum.murthy....ion-from-uscis/

 

This is not correct according to me. I got my petition "transferred" to a new employer without even traveling to US.

 

I am not sure if your employer revoked the petition before Oct 1. If it did then I think you may not be able to "transfer"

 

But I think this is your client's attorney's job to "transfer" the visa. I am sure you are not "paying" for it. So ask you client to get the visa "transferred" and then you can resign from your current job.

 

The LCA should have the "New employment" as basis for Visa Classification and not "Change in employer" as you were never on H1B status.

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"Unless you start working for the original H1 employer in the US, you are not considered counted for the quota.

And the employer is required by law to inform USCIS if you are not working for them in the US.

See http://forum.murthy....ion-from-uscis/

 

This is not correct according to me. I got my petition "transferred" to a new employer without even traveling to US.

 

I am not sure if your employer revoked the petition before Oct 1. If it did then I think you may not be able to "transfer"

 

But I think this is your client's attorney's job to "transfer" the visa. I am sure you are not "paying" for it. So ask you client to get the visa "transferred" and then you can resign from your current job.

 

The LCA should have the "New employment" as basis for Visa Classification and not "Change in employer" as you were never on H1B status.

 

That means you got approved in error.

Happens from time to time. Still, others should not rely on that.

And it may happen that your case could get revoked retroactively later on. Has also happened when the approval was in error.

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I would still agree to disagree.

 

The error may have happened for my case but I have seen more than 1 case now, some cases for my employer and some for other employers too . There is no proof that someone's "transfer" was denied if it was done after Oct 1. I do not recall seeing any such post by any user. There can be other issues when "transfer" was denied but if the the employer has good documentation and history, I do not see any issue with the "transfer".

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