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H1B transfer from India
Hi,
I have couple of queries related to H1B transfer I have already found some information on immihelp & other sites. But still not completely sure about the process, so i would appreciate if anyone can provide more insights on this.
I have H1B, i traveled to US in 2015 for 8 months. Then I have traveled back to India in 2015 only. My H1B expired in 2016 then this year company filed H1B with "No CAP exemption".
It got approved so new I797B has expiry date of 2020. I am also done with stamping, stamped date is till 2020... same as I797B.
Latest I-94 admit until date is of 2016 which is from last H1B notice.
I want to travel now and with my current employed I do not see any opportunities in near future. So I am trying to switch company in India only.
So my questions are,
If I get selected in any other company
1. What is the process for new employer to get me travel ready again? Just petition filing or stamping too or any other thing?
2. If you switch when you are in US I guess they file transfer request first and once confirmed then only employees resign. Is it same for in India? I mean, should I ask new employer to file new petition & get confirmation before informing/resigning to old employer?
3. If yes, then how much time it will take to get new approval notice, considering premium processing is stopped?
4. Or is it ok to resign until i serve my notice period i.e. 2 months and till that time processing will continue with no issues?
5. By any means my old employer will be able to cancel H1B? I have read that they can cancel the petition but not the H1B. Is it true? And what are implications when they cancel petition and what are my options in such case?
6. In current visa rule changes and all, is there any risk when new employer files new petition. Is it too much riskier and I should wait and travel with current employer only?
7. Is there possibility to give interview for US companies from India only. If anyone has experience or knowledge, please let me know.
8. Are there any chances of petition getting rejected from consulate due to transfer? Or will it be considered while approving visa or in stamping interview next time?
I have couple of queries related to H1B transfer I have already found some information on immihelp & other sites. But still not completely sure about the process, so i would appreciate if anyone can provide more insights on this.
I have H1B, i traveled to US in 2015 for 8 months. Then I have traveled back to India in 2015 only. My H1B expired in 2016 then this year company filed H1B with "No CAP exemption".
It got approved so new I797B has expiry date of 2020. I am also done with stamping, stamped date is till 2020... same as I797B.
Latest I-94 admit until date is of 2016 which is from last H1B notice.
I want to travel now and with my current employed I do not see any opportunities in near future. So I am trying to switch company in India only.
So my questions are,
If I get selected in any other company
1. What is the process for new employer to get me travel ready again? Just petition filing or stamping too or any other thing?
2. If you switch when you are in US I guess they file transfer request first and once confirmed then only employees resign. Is it same for in India? I mean, should I ask new employer to file new petition & get confirmation before informing/resigning to old employer?
3. If yes, then how much time it will take to get new approval notice, considering premium processing is stopped?
4. Or is it ok to resign until i serve my notice period i.e. 2 months and till that time processing will continue with no issues?
5. By any means my old employer will be able to cancel H1B? I have read that they can cancel the petition but not the H1B. Is it true? And what are implications when they cancel petition and what are my options in such case?
6. In current visa rule changes and all, is there any risk when new employer files new petition. Is it too much riskier and I should wait and travel with current employer only?
7. Is there possibility to give interview for US companies from India only. If anyone has experience or knowledge, please let me know.
8. Are there any chances of petition getting rejected from consulate due to transfer? Or will it be considered while approving visa or in stamping interview next time?
