H4 to H1B CoS & H1B Transfer

[jayesh.nanjiani]

1. In April a consultancy in US sponsored my H1B visa and filed a petition with USCIS. In the petition, the consultancy selected consular processing option as I was in India that time.

2. In July the petition got approved.

3. In October, my wife got relocated to US(she is on H1B visa) and I came along with her on H4 visa.

4. The consultancy which sponsored my H1B visa does not have any project for me currently and is not interested in filing for Change Of Status(H4 to H1B) in the near future.

5. Consultancy has told me to find another employer and get H1B transferred.

My question is-

If any employer/consultancy offers me a job & files for H1B transfer, then would I be required to go back to India and get the H1B visa stamped?(as the petition says consular processing)
OR
Can the new employer file for H1B transfer & Change Of Status simultaneously such that my status automatically gets changed to H1B once the H1B transfer is approved?

[jayesh.nanjiani]

1. In April a consultancy in US sponsored my H1B visa and filed a petition with USCIS. In the petition, the consultancy selected consular processing option as I was in India that time.

2. In July the petition got approved.

3. In October, my wife got relocated to US(she is on H1B visa) and I came along with her on H4 visa.

4. The consultancy which sponsored my H1B visa does not have any project for me currently and is not interested in filing for Change Of Status(H4 to H1B) in the near future.

5. Consultancy has told me to find another employer and get H1B transferred.

My question is-

If any employer/consultancy offers me a job & files for H1B transfer, then would I be required to go back to India and get the H1B visa stamped?(as the petition says consular processing)
OR
Can the new employer file for H1B transfer & Change Of Status simultaneously such that my status automatically gets changed to H1B once the H1B transfer is approved?

Can somebody please give a quick response to my query. Thanks!

[Thina]

H4 to H1B CoS & H1B Transfer

Hi Jayesh,

I am in the same boat as you are.

I applied for H1 visa through a consultancy last year and my visa was approved on July 15th, 2015. However, my employer never received the approval notice (797) and he raised for a service request with USCIS.

Meanwhile, My spouse had a valid H1 visa which was about to expire in Feb 2016 and he was to travel to US in DEC. I did not get my 797 until then and hence I got my H4 visa and traveled with him to US in DEC. We applied for extension immediately and our extension is in progress.

My employer says he has not received my approval notice yet and there has been some mailing issue. Even if he receives, he has not projects now and he has asked me to look for transfer.
Where you able to do an H1 transfer? I have been trying to find an answer to this situation and have not found anything useful yet.

Will be very grateful if you could help me with your experience.

[hima511]

please tell what happend

1. In April a consultancy in US sponsored my H1B visa and filed a petition with USCIS. In the petition, the consultancy selected consular processing option as I was in India that time.

2. In July the petition got approved.

3. In October, my wife got relocated to US(she is on H1B visa) and I came along with her on H4 visa.

4. The consultancy which sponsored my H1B visa does not have any project for me currently and is not interested in filing for Change Of Status(H4 to H1B) in the near future.

5. Consultancy has told me to find another employer and get H1B transferred.

My question is-

If any employer/consultancy offers me a job & files for H1B transfer, then would I be required to go back to India and get the H1B visa stamped?(as the petition says consular processing)
OR
Can the new employer file for H1B transfer & Change Of Status simultaneously such that my status automatically gets changed to H1B once the H1B transfer is approved?

Hi Can you please let me know what happened to your situation? I am in the same boat now