H1B transfer.

[saish1111]

Hi All,

I am currently working for company A in India for last 3 years 9 months. I recently got H1B stamped on my passport (2 months ago). But I am not getting any U.S. opportunities in my company A.
I am in a thought to transfer my H1B to another company B in India (If I clear interview in company B and that company should provide me U.S. project opportunity).
Do I need to inform my present employer go on notice period just like that?
As soon as I put my resignation, Will they cancel my petition/visa?
Do I need to pay any compensation to my present employer?
Please answer these questions. Also provide any other ideas/suggestions.

Thanks,

[Nattybone]

Hi All,

I am currently working for company A in India for last 3 years 9 months. I recently got H1B stamped on my passport (2 months ago). But I am not getting any U.S. opportunities in my company A.
I am in a thought to transfer my H1B to another company B in India (If I clear interview in company B and that company should provide me U.S. project opportunity).
Do I need to inform my present employer go on notice period just like that?
As soon as I put my resignation, Will they cancel my petition/visa?
Do I need to pay any compensation to my present employer?
Please answer these questions. Also provide any other ideas/suggestions.

Thanks,

Hello, Saish.

Do not worry about your H1B visa, i am trying to share some points on how H1B works, i hope that helps:
i) There are 2 components to your H1B - i) The visa on passport (Stamp), and ii) The I797 petition. If you leave Company A and join someone else, then your I797 which has Company A's project details will no longer be valid. So, even if you change the employer, you can still travel on the same visa stamp, but you would not be able to work on the Company A's I797.

As I797 is project specific, upon quitting Company A that particular project will no longer be valid for you. So, Company A will revoke the visa but they cannot remove the stamp from your passport. What you need to do is, upon moving to Company B, ask them to file a fresh I797 for you. Once approved, you can fly to US on Company A's stamp and Company B's I797. This is allowed.

Visa on the Passport - Enables you to enter USA
I94 / I797 - Decides your legal status in USA

Also, you will not be subject to H1B cap for the next 6 years. A company can anytime file for your I797 - any time of the year, not just April.

And, a company is not supposed to charge its employee for H1B expenses. It is not allowed. If you have signed a bond with them, then that is different, but you do not owe them anything for filing the visa.

I hope this helps.

Wishing you luck.

Cheers,

[saish1111]

Thank you so much for your reply.
That was helpful indeed. Especially "bond" thing.
I do not have any bond with the company A.

Hello, Saish.

Do not worry about your H1B visa, i am trying to share some points on how H1B works, i hope that helps:
i) There are 2 components to your H1B - i) The visa on passport (Stamp), and ii) The I797 petition. If you leave Company A and join someone else, then your I797 which has Company A's project details will no longer be valid. So, even if you change the employer, you can still travel on the same visa stamp, but you would not be able to work on the Company A's I797.

As I797 is project specific, upon quitting Company A that particular project will no longer be valid for you. So, Company A will revoke the visa but they cannot remove the stamp from your passport. What you need to do is, upon moving to Company B, ask them to file a fresh I797 for you. Once approved, you can fly to US on Company A's stamp and Company B's I797. This is allowed.

Visa on the Passport - Enables you to enter USA
I94 / I797 - Decides your legal status in USA

Also, you will not be subject to H1B cap for the next 6 years. A company can anytime file for your I797 - any time of the year, not just April.

And, a company is not supposed to charge its employee for H1B expenses. It is not allowed. If you have signed a bond with them, then that is different, but you do not owe them anything for filing the visa.

I hope this helps.

Wishing you luck.

Cheers,

[saish1111]

Thank you so much for your reply.
That was helpful indeed. Especially "bond" thing.
I do not have any bond with the company A.

Hi Nattybone,

I have one more question

If company A first cancels my petition then can I transfer the petition to company B?
or Before A cancels my petition, B should transfer?

[Nattybone]

Hi Nattybone,

I have one more question

If company A first cancels my petition then can I transfer the petition to company B?
or Before A cancels my petition, B should transfer?

Hello, Saish.

It does not matter if they cancel or not or you transfer before cancelling or after. The visa, once issued to you stays in the system for you for 6 years, irrespective of expiry / employer cancellation / revocation. So, do not worry about the old employer, at all. You have the visa in the system and that is key. Furnish your existing approval to your new employer so that he can see the reference / application number and file for a fresh I797 for you.

If your passport visa date is valid (even with the old employer's stamp) you can travel on the same stamp. And for working inside USA, your new / future employer has to file a fresh I797 - this new I797 is what you will show at the Port of Entry.

I hope this helps.

Wishing you luck.

Cheers,

[saish1111]

Hello, Saish.

It does not matter if they cancel or not or you transfer before cancelling or after. The visa, once issued to you stays in the system for you for 6 years, irrespective of expiry / employer cancellation / revocation. So, do not worry about the old employer, at all. You have the visa in the system and that is key. Furnish your existing approval to your new employer so that he can see the reference / application number and file for a fresh I797 for you.

If your passport visa date is valid (even with the old employer's stamp) you can travel on the same stamp. And for working inside USA, your new / future employer has to file a fresh I797 - this new I797 is what you will show at the Port of Entry.

I hope this helps.

Wishing you luck.

Cheers,

Thank you so much for your help.