H1B transfer Query

[kmann]

Hi All,

1.) I have an H1B visa stamped in my passport for Company A but I never travelled to US.My visa is still valid for next two years. Can I change to company B and transfer my H1 to company B.

2.) Also is this possible, I go to the US, and find job there ??


Appreciate your help

[raghvi]

Hi All,

1.) I have an H1B visa stamped in my passport for Company A but I never travelled to US.My visa is still valid for next two years. Can I change to company B and transfer my H1 to company B.

2.) Also is this possible, I go to the US, and find job there ??


Appreciate your help

1. Yes you can. Technically its not a transfer, the next company would still need to file for a petition and get it approved, the advantage though is you wont be subjected to fresh Cap and the company can request for immediate start date.
2. On what visa are you going to enter US? If you use company A's visa, without an underlying job, you can be denied entry in US. Even if you somehow enter US you would be out of status from the moment you enter US as to maintain valid H1 status one needs to have a job and be paid too. Better to search for an employee first and get them to port the H1.

This is my opinion not legal advice.

[Ok Tested]

1. Yes you can. Technically its not a transfer, the next company would still need to file for a petition and get it approved, the advantage though is you wont be subjected to fresh Cap and the company can request for immediate start date.
2. On what visa are you going to enter US? If you use company A's visa, without an underlying job, you can be denied entry in US. Even if you somehow enter US you would be out of status from the moment you enter US as to maintain valid H1 status one needs to have a job and be paid too. Better to search for an employee first and get them to port the H1.

This is my opinion not legal advice.

Further to the reply by raghvi, I have a question.

Will the new petition be completely new petition or it will the petition using the old petition number. What I am trying to ask is , do we need the old petition number for filing the new petition? Are the 2 petitions linked or are they completely independent of each other?

[kmann]

1. Yes you can. Technically its not a transfer, the next company would still need to file for a petition and get it approved, the advantage though is you wont be subjected to fresh Cap and the company can request for immediate start date.
2. On what visa are you going to enter US? If you use company A's visa, without an underlying job, you can be denied entry in US. Even if you somehow enter US you would be out of status from the moment you enter US as to maintain valid H1 status one needs to have a job and be paid too. Better to search for an employee first and get them to port the H1.

This is my opinion not legal advice.

Thanks for your valuable advice Raghvi

[Ok Tested]

Further to the reply by raghvi, I have a question.

Will the new petition be completely new petition or it will the petition using the old petition number. What I am trying to ask is , do we need the old petition number for filing the new petition? Are the 2 petitions linked or are they completely independent of each other?

Anyone for my query!!! ???

[kabkaba]

Further to the reply by raghvi, I have a question.

Will the new petition be completely new petition or it will the petition using the old petition number. What I am trying to ask is , do we need the old petition number for filing the new petition? Are the 2 petitions linked or are they completely independent of each other?

It is always a new petition. The old petition number is needed to claim exemption from annual cap.

[Ok Tested]

It is always a new petition. The old petition number is needed to claim exemption from annual cap.

Thanks a lot kabkaba

[Ok Tested]

It is always a new petition. The old petition number is needed to claim exemption from annual cap.

Ok.... So what if I go for H1B visa transfer for a new employer, but then it gets rejected (for some xyz reasons). Will at any time in future (say while extending my stay) my current employer know that I had attempted a visa transfer with another employer? Is there any way for current employer to get this info????
Plz guide...

[raghvi]

Ok.... So what if I go for H1B visa transfer for a new employer, but then it gets rejected (for some xyz reasons). Will at any time in future (say while extending my stay) my current employer know that I had attempted a visa transfer with another employer? Is there any way for current employer to get this info????
Plz guide...

There is no way unless you tell them or their immigration team tells your immigration team.

This is my opinion not legal advice.