H1-B Visa Transfer Process Guidelines while staying in India

[kartikgoyal]

I was working for Company A in US under H1-B visa status. I got an offer from Company B and my visa got approved for company B. So I resigned from Company A. Now I also got an other offer from Company C and this opportunity looks better to me. I am thinking of going to India for vacations.
So my question is that "can visa transfer be processed from India for Company C"?

[raghvi]

I was working for Company A in US under H1-B visa status. I got an offer from Company B and my visa got approved for company B. So I resigned from Company A. Now I also got an other offer from Company C and this opportunity looks better to me. I am thinking of going to India for vacations.
So my question is that "can visa transfer be processed from India for Company C"?

Dont understand the actual intent. Do you want to work for C immediately after coming back from vacation? Are you already working for B?

Well C can file the cap exempt petition, but if they file it while you are outside US then it will be filed as Consular Process, that is it will not come with a new I-94.


This is my opinion not legal advice.

[kartikgoyal]

Dont understand the actual intent. Do you want to work for C immediately after coming back from vacation? Are you already working for B?

Well C can file the cap exempt petition, but if they file it while you are outside US then it will be filed as Consular Process, that is it will not come with a new I-94.


This is my opinion not legal advice.

Thank you for the quick reply.

Yes I want to work for company C and I have not started working for B but I am thinking of declining the offer once all the legal activities are done with C.

So is this possible that while I am staying in India, visa transfer can be processed. Are there any complications if C initiated visa transfer process while I am in India ?

[raghvi]

Thank you for the quick reply.

Yes I want to work for company C and I have not started working for B but I am thinking of declining the offer once all the legal activities are done with C.

So is this possible that while I am staying in India, visa transfer can be processed. Are there any complications if C initiated visa transfer process while I am in India ?

As long as you have the approved petition from C and a valid H1 visa stamped in passport, you can enter US and work for them. The issue I see here is that as you would get I-94 matching with your visa and not with C's petition expiry.

Again, I am assuming you would be joining C as soon as you enter US.

This is my opinion not legal advice.