H1 Transfer - While on B1

[lucky2007]

Hi there,

Am working for company AA in India and planning to join in company BB shortly. I have worked in US on H1 through AA and have all pay slips..etc. If I go to US through BB on B1 visa, can I do the H1 transfer to BB? I think it should be fine logically, but please let me know your suggestions. Appreciate your help. Thanks.

Regards,
Victor

[bo3527]

Hi Victor,

I guess you can not transfer the H1B when you are on B1 in US. Since, you require the latest pay slips. One other thing is that, if you are in US thru H1B without latest pay slips then your status is INVALID. To make the status valid you need to go out of US, apply for H1B transfer (new petition which is out of 2008 cap) and go to the consulate if required to stamp the new visa.
With H1B there are two things...
(1) H1B status: means authorised to work in US and you are getting salary for all your stay in US. If you do not have valid pay slips then your status is invalid.
(2) H1B VISA: means authorised to enter in US. If you to US thru company bb then your HR will ask you to cancel your H1B visa with stamp (Cancelled without prejudices). That means next time when you want to use your visa for travelling and/or for transfer then you need to have new H1B stamp.
So request you to do not cancel the valid H1B. And apply for US or India based companies for H1B transfer. You can search those companies on naukri.com or dice.com.

I am also in same situation. And waiting to get the approval notice for my H1B transfer which already applied in month of March.

Please let me know if you get any other update on this.
ALL THE BEST!!!

Hi there,

Am working for company AA in India and planning to join in company BB shortly. I have worked in US on H1 through AA and have all pay slips..etc. If I go to US through BB on B1 visa, can I do the H1 transfer to BB? I think it should be fine logically, but please let me know your suggestions. Appreciate your help. Thanks.

Regards,
Victor

[lucky2007]

Hi, Thanks for your reply.

I can not do H1 transfer as I am located in India now. If join in a new indian company, how could they send me to US on H1? can they use my old company's H1?

Thanks.

[bo3527]

Hi Victor,

You can do the H1B transfer still you are not travelled on H1B and even you are in India. I am sure about that!!!
What new company has to do is, file new petition for you (I-129) and once that is approved, goto the consulate for stamping with that new I-129 and then you can goto US anytime.
All the best!!!

Hi, Thanks for your reply.

I can not do H1 transfer as I am located in India now. If join in a new indian company, how could they send me to US on H1? can they use my old company's H1?

Thanks.