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Transferring H1B visa

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  • #16
    Originally posted by OMM
    you must have to enter into USA , and H1B transfer is not possible before 1st oct 2008, Are you in USA with H1B stamp or you still not applied for VISA? and as per my knowledge you visa stamp will possible only through first employer. after 1st oct, you can change you employer after entering to USA.
    WRONG! A transfer is nothing but a new H1b that is not subject to cap. Any person that has an approved H1b can switch to a new employer if they are outside the US as well.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #17
      Originally posted by txh1b
      WRONG! A transfer is nothing but a new H1b that is not subject to cap. Any person that has an approved H1b can switch to a new employer if they are outside the US as well.
      @txth1b Omm is right.
      he cannot transfer the H1B application by Company A to Company B without first stamping the same. how can it's possible in first time stamping?? at least he needs H1B stampped and he should be enter into the USA and he can transfer immidietly. but without stamping it's not possible. read this person main/first Question. Still he didn't have first stamp on his passport. so, as per my advice it's not possible without first stamping.
      Last edited by italianjob; 09-30-2008, 09:29 AM.

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      • #18
        Thanks for all your replies ....
        The final answer I suppose is that :

        1) I cannot transfer H1B without first getting it stamped
        2) I can get the H1B Transferred only in US after the stamping happens
        3) I can get the H1B stamped immediately after arriving in US. There is no need of any pay stubs.

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        • #19
          Originally posted by poison_neo
          Thanks for all your replies ....
          The final answer I suppose is that :

          1) I cannot transfer H1B without first getting it stamped
          2) I can get the H1B Transferred only in US after the stamping happens
          3) I can get the H1B stamped immediately after arriving in US. There is no need of any pay stubs.
          1. Wrong.
          2. Wrong.
          3. Wrong.In fact, it is fraud to enter US that way.

          The approval of a H1b petition (cap count) is the only requirement to change from one H1b sponsor to another. You being in the US or outside does not matter. If in US, proof of current status is required to extend status with a new employer.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #20
            Originally posted by italianjob
            @txth1b Omm is right.
            he cannot transfer the H1B application by Company A to Company B without first stamping the same. how can it's possible in first time stamping?? at least he needs H1B stampped and he should be enter into the USA and he can transfer immidietly. but without stamping it's not possible. read this person main/first Question. Still he didn't have first stamp on his passport. so, as per my advice it's not possible without first stamping.
            Your call and good if you want to go with it. A H1b visa stamp is not a ground or a requirement for transfer. Sometimes, I have to just laugh off at the ignorance than trying to convince anyone. I am responding only because I want to help people know/get the right information.

            The approval of a H1b petition (cap count) is the only requirement to change from one H1b sponsor to another. You being in the US or outside does not matter. If in US, proof of current status is required to extend status with a new employer.

            A transfer is nothing but a new H1b that is NOT subject to cap. If one has been counted in the cap and proves so in the form of a previously approved I797, the alien meets the requirement for transfer if all other conditions are met.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment

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