H1b-B2-H1B

[Ankush Singhal]

I am working for Indian IT company and came to US 4 months back on H1b which is valid till July 2016. Now as I have no project so company wanted me to go back, but as I dont have passport and visa for my new born child my company applied status change to B2(applied on 19 Feb).
I was paid till 15 Feb'14 and now my US salary will be stopped. As I was looking for the new job here in US so i found an employer who can want transfer my H1b.

Now, I am not sure is that possible for the new employer to transfer my H1B. Please provide the way around. As if nothing get materialized I have to return back to India by March end.

[raghvi]

I am working for Indian IT company and came to US 4 months back on H1b which is valid till July 2016. Now as I have no project so company wanted me to go back, but as I dont have passport and visa for my new born child my company applied status change to B2(applied on 19 Feb).
I was paid till 15 Feb'14 and now my US salary will be stopped. As I was looking for the new job here in US so i found an employer who can want transfer my H1b.

Now, I am not sure is that possible for the new employer to transfer my H1B. Please provide the way around. As if nothing get materialized I have to return back to India by March end.

Technically unless you get the B2 approved for you and your spouse you two are out of status. And when out of status, a transfer would not be possible. You would have to wait for B2 result.


This is my opinion not legal advice.