H1B Transfer Query

[sapient]

Dear Friends,

I have query on H1B Transfer..

One of the Indian IT Services Major said, they are ready to transfer the H1 provided I have already traveled to US under H1.

I am yet to travel after my stamping.

What is the process of transfer in my case?.

If I am keen on getting the H1 transfered to the Indian IT company .. what should I do?...
a.( travel to US and come back to India after 2/3 payslips?)
b.( travel to US , work for the current consultant and get the H1 transfered in US?).

Thanks in Advance, Sapient

[C4us]

You must enter with the intent of working for the company whose petition you are using to enter. It is fraud entering on one with no intention of working for that company.

If you wish to work for the second company without working for the first, they should file a new petition which is not counted in the cap. This takes longer than a transfer.

In order to do a transfer you may choose your option 2. Be advised that you may have signed a legally binding employment contract with your current employer and may have to pay damages for breaking it. You need to consult with an immigration employment lawyer if you have done so to have your options explained to you.

[txh1b]

It is a simple process. Every H1 transfer is nothing but a new H1b that is not subject to cap in the eyes of USCIS. If the person is already in the US, they need paystubs for a trasfer to prove that the candidate holds proper status and the petition is termed EOS (Extension of stay).

If a person is not in US, it is called CP (Consular Processing) and either needs a visa stamping if s/he does not have one or if they already have a stamp from any company that is valid, the person can travel on that visa after getting the approval from the new company.

The transfer takes the same time as any other H1b and can be premium processed. There is no requirement for you t have entered US once earlier to go through a H1b transfer (H1b that is not subject to cap).

I would suggest you to read through these FAQs for a better understanding.

https://www.immihelp.com/h1-visa-faq/