H1 B transfer from India

[swatfish]

Dear Friends,

My H1B visa got stamped Feb 2013. I have never used my H1B visa . I am living in india now.

Currently I plan to resign from existing company . Is it possible to do the H1B transfer from company A to Company B within india ?

My existing company friends told that "if you resign, Company A will cancel the H1B Visa " ? Is it true ?

do i need approval from company A for H1B transferring ?

I am waiting for your answer....Thanks in advance...

[kadkhiq81]

H1 B transfer from India

Yes, you can apply for a transfer (technically you are going to apply for a new h1b with out cap count based on your previous approved h1 petition from company A) with out even letting the company A know,

Yes, They may revoke your h1 petition but it does not matter to you, but make sure they are not canceling ur visa stamped on ur passport as you would end up going for a stamping again if they do so.

It's my opinion.

[nicoeppersma]

Yes, you can apply for a transfer (technically you are going to apply for a new h1b with out cap count based on your previous approved h1 petition from company A) with out even letting the company A know,

Yes, They may revoke your h1 petition but it does not matter to you, but make sure they are not canceling ur visa stamped on ur passport as you would end up going for a stamping again if they do so.

Don't give false information. An employer can not cancel a U.S. visa, only the U.S. authorities can.

[itsmywish]

My H1B visa got stamped Feb 2013. I have never used my H1B visa . I am living in india now.

Currently I plan to resign from existing company . Is it possible to do the H1B transfer from company A to Company B within india ?

Yes.Its possible that you can transfer your h1b visa to any company.

My existing company friends told that "if you resign, Company A will cancel the H1B Visa " ? Is it true ?

Yes.They will cancel or revoke your visa once you resigned the company.Its a USCIS regulation that whose employees no longer working for the employer should withdraw those petitions.This process will take bit time to cancel the petition.

do i need approval from company A for H1B transferring ?
not required.You can initiate your transfer process without informing your present employer.Once your transfer is approved you can travel to US even your old employer cancelled your petition.Generally employers will cancel the petition and not the visa.Visa is to enter into US and H1b petition approval is authorize to work.

Please take my answers as my personal opinion and always suggestible to get advice from immigration lawyer.