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Please help! questions on H1b Transfer after taking overseas assignment for 6 months

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  • Please help! questions on H1b Transfer after taking overseas assignment for 6 months

    I worked for company A since 2004 on H1b visa and in Nov 2005 I transferred to A’s subsidiary in UK for an assignment. My payroll was transferred to A’s UK subsidiary too, so my recent 6 pay stubs all in UK. I got offer from Company B and wonder if I can transfer my H1b to B. I confirmed with corporate lawyer that A has never cancelled my H1b. But my H1b visa has expired. So my questions are:

    1. Can I transfer H1b to Company B while in UK? If not, can I do it while I am back into US?
    2. Can I stamp my H1b visa for company A in US consulate in UK? What documents I will need? I don’t have recent US pay stubs but have UK pay stubs.
    3. Can I enter US if I get my H1b visa for company A? What risks do I have? Any way to mitigate the risks?
    4. After I enter US, can I transfer my H1b from company A to company B even if I have only UK pay stubs? What other documents I need?
    5. What do you think is a better solution, transfer H1b or apply for a new one for company B?

    I would appreciate anyone who has experience or expertise to offer your thoughts. Thank you so much!!!

  • #2
    For getting your H1B "transferred" you need to be in actual H1B status, your employer B will need at pay stubs of Co.A (in US) which are at least 60 days old while making the application for transfer. Since your visa has expired, you will need to get fresh papers from Co.A if they intend to re-employ you in the US office, if the I 797 is still valid. If this is not your first H1B visa stamping, you can try your luck at the US Consulate in London. You can re-enter US and then apply for a H1B transfer to Co.B. Or if Co.B can file a fresh petition for you ( not transfer), you can apply for fresh stamping of Co.B's h1b at London.
    All the Best.
    VEENA
    (NOT LEGAL ADVICE)

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