H1B Transfer

[Rajdarling]

Hi , I'm in India and work for an employer A who sponsered my H1B , I got it stamped successfully valid for 3 years from now.

As lay off is going on in many IT companies in India too, my status is 50:50 here in this company. They dont have projects in US .

Now my questions are :
1: Can I get my H1B transfer to any employer in US while being present in India ?

2: I have I 797 & LCA papers for client in US given by my company, can I travel to US to the city mentioned in LCA and can show the same at POE , as my all relatives also live there so can I board another flight from there to my destined city in gap of few hours (hope so there would be no difficulty) my relatives are helping me in getting H1B transfer to employer in US .

3: If I layed off so could request my employer in India for not revoking the H1B then will my H1B will be valid or not ? please tell me the best possible ways to transfer the visa and land in US I already read around 500 THREADS of urs and sincerely need the best possible ways to get things done.

4: Can the H1B transfer is done in India for an other IT company in India while me being present in India only .

Requesting you to please provide answers to all above in detail , would be very much obliged to you as I dont want to miss any chance.

Many Thanks.

[txh1b]

1. You can have a new sponsor file for H1b that is not subject to CAP. Read the FAQs.

2. DO NOT attempt this. It is fraud to enter without a job or intention to work for an employer. A transfer will NOT be possible in such circumstances. Yo could even be deported. Rather do #1.

3. H1b (cap count) remains valid irrespective of the employer's revoke or not. All you need to do is find a new sponsor and they can get the H1b approved without the cap as you were cap counted.

4. Repeat question. Other answers should take care of this one. Read the FAQs.

[Rajdarling]

H1B Transfer

Seniors Thank you very much for your reply and suggestions.
A small doubt still exists : As read in FAQ's and read in other Postings that

H1B visa cannot be transfered to any US employer outside US and as suggested by you that I can tranfer my H1B while being present in India.

Requesting you to please advise me how can I proceed further.
Is it possible to transfer my H1B to any employer or desi US company in US while being present in India.

Many Thanks.

[itzprams]

H1B visa cannot be transfered to any US employer outside US and as suggested by you that I can tranfer my H1B while being present in India.

You are right here!
in your case "transfer" is not a valid term. For transfer, last 2-3 pay stubs required to prove your legal status in USA.

As txh1b mentioned, your prospective employer must file a new petition for you (not subject to cap). You can travel to USA only when you have an approval in hand.

[sapient]

Query on same line

Dear Friend,

I would like to know the following ( because, i failed to get it from FAQ).

a) my h1b was stamped in india for employer A.
new employer B is interested to get the h1b to his name.

is there a way to process the petition on an urgent basis?.( maybe, less than 1 month time).

b) is there a possibility of stamping getting failed for petition from employer B?.
what happens then?.

c) if (a) is not available. can i travel to US , under my stamp for employer A and then get the visa transferred to employer B?.

thanks in advance

[txh1b]

a. Yes, it is called Premium Procesing. 15 days processing time.
b. If you already have stamp from A, no new stamp is needed. An approval from B and valid visa from A is good for entry.
c. It is perfectly valid and legal.

[Rajdarling]

H1B Transfer

if (a) is not available. can i travel to US , under my stamp for employer A and then get the visa transferred to employer B?.

thanks in advance


sapient
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#6 12-16-2008, 10:45 AM
txh1b
Senior Member Join Date: Apr 2008
Location: Alien from Mars
Posts: 6,117

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a. Yes, it is called Premium Procesing. 15 days processing time.
b. If you already have stamp from A, no new stamp is needed. An approval from B and valid visa from A is good for entry.
c. It is perfectly valid and legal.
__________________



Dear Senior Member ,

1 :In regard to above query you suggested that if employer A is not available can the requestor travel to US under employer A stamp and then transfered his visa to employer B , you replied answer "c" to it. The same question I asked in my query can I travel to US on my H1 which is stamped from employer A in India and get transfered to employer B in US you suggested it is not legal and can be deported from POE.

Please advise for the same.

2: Now my company A in India(which also sponsored my H1B) is laying me off
will my H1B will valid? If yes can I approach another desi or US employer for
to sponser my H1B(which is not subject to cap) and get approval then travel to US . what is this called new H1B process or Transfer. If this possible how much time it would take as I my visa is already stamped.

Please advise me as for the whole process so I could have a transparent and clear picture to the same.

Many Thanks

[sapient]

...ra

1 :In regard to above query you suggested that if employer A is not available can the requestor travel to US under employer A stamp and then transfered his visa to employer B , you replied answer "c" to it.

the case here is .. (a) my h1b was stamped in india for employer A.
new employer B is interested to get the h1b to his name.

i guess, you have mistaken it for Employer A.

in summary, if you have your visa stamped and it is valid, you can travel to US provided you have the petition filed from an employer whom you are going to work.

2. yes.
time taken may vary from 2/3 months.
premium processing will take less than 1 month time.

[sapient]

to txh1b

b. If you already have stamp from A, no new stamp is needed. An approval from B and valid visa from A is good for entry.

my employer B is suggesting a stamp after the petition gets approved.
is there any harm is getting it stamped?.
if in case, stamping gets failed because of some reason, can i travel to US on the petition from employer A, stamp from employer A.

thanks a million.

[knowledgeable]

No in both cases ...

... there is no need to have a visa applied for and stamped on your passport unless you have an expired visa on the document and plan to re-enter the United States.

However, if you do apply for another visa with the new approved petition and this application is rejected, you cannot enter US.

Take care.

[txh1b]

if (a) is not available. can i travel to US , under my stamp for employer A and then get the visa transferred to employer B?.

No, it is fraud to enter US for an employer that you are not planning to work for. Furthermore, a transfer requires pay stubs.

[txh1b]

my employer B is suggesting a stamp after the petition gets approved.
is there any harm is getting it stamped?.
if in case, stamping gets failed because of some reason, can i travel to US on the petition from employer A, stamp from employer A.

thanks a million.

The VO may likely cancel the valid visa and you end up with no visa.

[sapient]

to txh1b

The VO may likely cancel the valid visa and you end up with no visa.

in summary,

a) once my petition is filed in USA on behalf of employer B ( a reputed indian it service ). i CAN travel to US on my petition from employer A(?).
upon approval of petition, i can start to work for employer B.

b) once the petition is approved on behalf of employer B. i CANNOT travel to US on my petition from employer A(?).
i should get the stamping done in india and travel to US.

c) what is the best case option to achieve the objective of working for employer B in US.( employer B's client , rather).

Apologies in case of redundant query.

[Rajdarling]

Many Thanks.

This message is only routed to Seniors members please.

Sir, From all above messages I came to know that inspite of laying off from my current employer my H1B visa would be valid ( already stamped).

Also understood that I cant transfer my H1 visa to any other employer in US since 2-3 Pay stubs are required while myself being present in India only.

Questions :

1: As i'm CAP COUNTED , inspite of that also should I begin new process for
H1B to get in US or is there any other way I can proceed further ?

2: Should I approach any desi consultancy or employer in US to file a new petition for me on existing one visa H1B ? Would that be subject to CAP or not ? Do I need to go for another stamping then ?

Earnestly requesting all SENIOR Mmebers to please clarify all these doubts and guide me in the right direction WITH DETAIL EXPLAINING

Many Thanks once again.

[txh1b]

Both Sapient and Raj have got it wrong. You need to read the FAQs and understand it. This thread is long enough and confusing me. Your what-if conditions, if-then and while loops are also confusing. Open new threads with your questions.

You do not need paystubs if you are in India. Every H1b (transfer included) is a NEW H1b in the eyes of USCIS. Only difference is if the alien proves previous cap count, it gets approved.

I suggest you do some reading of the FAQs, come back and post your questions.