Can H1B visa be bought out?

[VALIDH1BHOLDER]

Hi All,

Here's the situation - there are 2 companies with existence in both US and India.

Company A (my current employer) sponsors my H1B Visa and it gets approved. Now, when i am still in India (not flown to US), Company B offers me a job.

1. Is it possible for Company B to buy out my Visa from Company A (all this, so that i can fly to US on the same Visa after joining Company B)?

2. If yes, in what duration would this be possible (buy-out process)?

Looking forward to hear back from you experts!!!

Best Regards,
A Valid H1B Visa Holder

[imirza]

Don't think so

Company B will have to file a new H1 for you. There is no buy out process as such.

[kabkaba]

B can file a cap-exempt petition for you. All they need is a copy of A's petition approval notice. A need not be involved in this process. This can be done at any time within 6 years after A's petition expiry.

[VALIDH1BHOLDER]

Thanks much imirza and kabkaba!!