H1B Transfer without entering US but visa refused in india

[waitin_toolong]

This is a wrong statement. Can you prove, which clause in USCIS?

what is wrong in this statement.

The only thing the old visa is being used for is to prove that the applicant is cap-exempt.

[prageorg]

Hey 'GreatGuru',

Tell me whats wrong with the statement.. Consider the foll. scenario.

You got a H1B visa with A company and you are working in the US for 1 yrs(for ex) with A. Now you change your employer to B. Your visa still has the stamping of A but you are now working with B.

Now you leave the US(for Ex: You went sightseeing in Canada) and reenter using the visa stamped from A along with the approval from B. Isnt that what you do?? Dont tell me that you will go to a consulate in Canada and get a new visa stamping with B.

So the same applies for the transfer. If you have a valid petition from the second company, you can enter the US even though the visa is stamped from a previous company.

GreatGuru, Let me know why you disagree along with the reasons for the same.

Thanks

[orion]

prageorg, you are still wrong and are missing vital pieces in your explanation. Remember that in the scenario you just wrote, the H1 visa of the beneficiary is usually transferred by an apt application to the USCIS which is accompanied by pay-stubs and a bunch of other documents. After the transfer has been approved, then only you get a new I-797 which you can use at PoE to enter along with visa stamp from old company. You file for a transfer of H1 with the beneficiary outside US, I am cent percent sure that atleast there will be an RFE but I would expect bigger problems too.

[prageorg]

well Orion, thats the point I am talking about. If you see the origin of the thread, the person said that some company is willing to transfer the H1B to their company and the person only wanted an opinion as to whether it is possible or not.

From what I know, it is possible and btw the company would have said so to him only because it was possible.. So I would tell the person to give it a try. If the USCIS apprves the request and you do happen to get a new I-797, then it is not a problem..

I am totally against GreatGuru claiming that it is not at all possible to transfer H1 outside of US. I am not an authority to claim that it is possible, but all I say is that I have heard of such transfers done before

[GreatGuru]

Wrong

Here the argument is, the guy never been to US, he just got his visa stamp only from his home country.

Getting a visa stamp and sitting in the home country does not give any status in US. Since you do not have any status in US (not having valid I 94) how it is possible to transfer a visa from A to B.

So your statement for this situation is totally wrong.

Hey 'GreatGuru',

Tell me whats wrong with the statement.. Consider the foll. scenario.

You got a H1B visa with A company and you are working in the US for 1 yrs(for ex) with A. Now you change your employer to B. Your visa still has the stamping of A but you are now working with B.

Now you leave the US(for Ex: You went sightseeing in Canada) and reenter using the visa stamped from A along with the approval from B. Isnt that what you do?? Dont tell me that you will go to a consulate in Canada and get a new visa stamping with B.

So the same applies for the transfer. If you have a valid petition from the second company, you can enter the US even though the visa is stamped from a previous company.

GreatGuru, Let me know why you disagree along with the reasons for the same.

Thanks

[waitin_toolong]

can you explain what the transfer is.

Now in this case though it is not really a transfer the prev H1 can be used to prove cap-exempt status and to determine that there is no need to wait till Apr 2008 to apply. Once the approval is abtained he can travel with the approval from company B and unexpired H1 stamp from A to work for B.

Is there anything wrong with this statement.

Even if he had been to USA and back he would not have been eligible for traditional transfer unless he was actually in USA durinng the processing.

The only difference between initiating this while in USA vs India is that while in USA he does not have to wait for H1 from company B to be approved to start working for them.

[prageorg]

GreatGuru,

I would again disagree with you. I am clearly saying that I know of a person who actually got a new approval by applying from India, without ever having gone to the US.

His scenario was that he got his visa stamped in India with a company and for some reason he never went to the US. After a year and a half or so, he found out some other employer who was willing to transfer his petition from the first company to the second and he got it thro. I am not exactly sure of what reason, documents etc the lawyer of the second company gave to the USCIS, but i do know that he got it thro'.

So please come away from the mindset that ppl in the US are the only ppl who can get their visa transfered..

Also since i know that you are very knowledgeable in these matters, I would leave the argument to your discretion. I just happened to tell a case I know of.

Thanks

[pranjal]

H1B re-stamping with old approval

Hi PrageOrg,

Would mind giving me your phone no/ mail-id as i have a similar case & need the similar help from you ......Would you mind mailing me [email protected] giving me your cellno& maild id for GOD sake ........??????

Below is my case explained as clearly as possible .....

I got my H1B stamped in Oct 2006 valid through Sep 2009 from my immediate previous employer YYYY & i resigned from YYYY immediately after stamping & joined my present employer due to some inevitable constraints .

I have never travelled to US & worked for any US assignments on behalf of my petitioner YYYY with that H1B.

Then my present employer processed my B1 visa & travelled to US with B1 visa newly processed in May 2007....

It has been more than a year since the H1B stamping .....However i do still carry the photocopies of the relevant docs including APPROVED PETITION PAPER by INS .....

I dont know if my petitioner REVOKED my H1B or not ???????????

Now do i stand any remote chances for transfering this H1B to your organisation by exploring/exploiting the legalities involved in it ??

Reason being is ideally H1B transfer is not possible from India.!!!!!!!!!!!

One consulting firm claims to transfer my H1 right here from India with a price tag of $1500 ????


Is that claim VALID at all ???? or they cheat people .....

Hope you will save me from any cheater ......


Regards
Pranjal....

[sreedhar_blr]

h1 transfer?

I second what waitin_toolong and prageorg have said:
--------------------
Now in this case though it is not really a transfer the prev H1 can be used to prove cap-exempt status and to determine that there is no need to wait till Apr 2008 to apply. Once the approval is abtained he can travel with the approval from company B and unexpired H1 stamp from A to work for B.

Is there anything wrong with this statement.

Even if he had been to USA and back he would not have been eligible for traditional transfer unless he was actually in USA durinng the processing.

The only difference between initiating this while in USA vs India is that while in USA he does not have to wait for H1 from company B to be approved to start working for them.
--------------------

As long as there is a valid petition, H1b transfer can be done. If in US, you can start working for the company, but if in India you will have to wait for the petition approval. If you have the visa for A you can travel directly, otherwise get it stamped for B. The only difference between H1 transfer (while in India ) and a new application is that you are not cap exempt, you are already counted for that period. So no need to wait for april 2008. otherwise an H1 transfer (while in india) and a new petition are the same except for the cap.

for the author of this post, there are only two problems in ur h1 transfer
1) Your employer could have revoked ur H1b but its costly. so I doubt that.
2) I believe You may need ur ORIGINAL h1b petition for the transfer (or some where in the process). The very point that your company have got ur approval notice is to prevent you from getting it transferred to some other company.

[email protected]

[ctr]

Hi
I also have similar case, I went for fresh h1 stamping for company A on July 2007 and I was given 221g explaning that processing on my case is suspended and my case is sent to USCIS , its been 4 months now. They took all the submitted documents including original I797 form. They returned only my passport.

(The reason for 221g they said is that my petitioner is not able/willling to provide employment according to the rules of US.)

I thought USCIS review will take long time, so thought of doing fresh H1 again for 2009 H1 quota. I spoke to a employer B, he said that I need do a fresh h1. He said he can do a transfer on my last year petition, even though I didnt get visa under 221g.

I checked my case status online in USCIS site with my case receipt number, it still shows the approved status.

Do you think it is possible to get h1 transfer to company B using my last year petition. Please share your opinion, it would be helpful.

[sreedhar_blr]

mail me

Dude,
give me a mail at [email protected] and we will tlak.

Hi
I also have similar case, I went for fresh h1 stamping for company A on July 2007 and I was given 221g explaning that processing on my case is suspended and my case is sent to USCIS , its been 4 months now. They took all the submitted documents including original I797 form. They returned only my passport.

(The reason for 221g they said is that my petitioner is not able/willling to provide employment according to the rules of US.)

I thought USCIS review will take long time, so thought of doing fresh H1 again for 2009 H1 quota. I spoke to a employer B, he said that I need do a fresh h1. He said he can do a transfer on my last year petition, even though I didnt get visa under 221g.

I checked my case status online in USCIS site with my case receipt number, it still shows the approved status.

Do you think it is possible to get h1 transfer to company B using my last year petition. Please share your opinion, it would be helpful.