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  • H1 Transfer Question

    Hi

    I am currently working in my home country for Company A.

    I have my H1B filed with Company B and petition is approved. Not yet stamped and never travelled to US.

    And Company B saying they dont have clients at this time due to recession.
    But Company A willing to apply for transfer.
    After transfer is approved, i will go with Company A stamping.

    My questions are:
    1) After working for Company A client (say 5 or 6 months in US) , can i change my mind and work with Company B who originallly filed my H1.
    Do i need to come back to my home country?

    2) If i need to come back to my home country(say for resignation purposes with curent Company A) , is new visa stamping required with Company B to reenter US?

    3) I might end up with situation like
    -> go to US with Company A I797 and
    visa stamping
    -> come back to home country to resign
    -> again reenter with Company B with
    Company A stamping
    is this possible?

    Thanks

  • #2
    #3 is possible. This answers the rest of your questions 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.

    Comment


    • #3
      Hi txh1b

      thanks for the reply,

      Just one more question,

      I know transfer would be just another fresh filing except that it is cap exempt.
      In that case, is the paystubs required for this transfer through Company A?
      i never worked for Company B and not visited US.

      Thanks

      Comment


      • #4
        Paystubs represent your status while in the US. If you are outside the US, paystubs are not needed as you dont hold a status.

        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


        • #5
          Hi txh1b

          thanks again for the answers. sorry to bother you again,

          I have some more questions:

          1)is it posible to go for visa stamping with Company B (who originally filed my H1) while transfer is in progress with Company A?

          2) will it create issues during visa interview?

          Thanks a million

          Comment


          • #6
            Document that the new employer requires for transfer !

            hi newlook,
            I have the same case. Only thing is that I am not able to find an employer who can file a transfer. It will be great, if you can mention the documents that your new employer(i.e. Employer A) has asked for to do the transfer.

            Comment


            • #7
              Hi poison neo,
              The documents are same as if we are applying for new H1. Additionally, we need to give the copy of approved petition.

              Hi txh1b

              Can you please answer the questions, I repeat here

              1)is it posible to go for visa stamping with Company B (who originally filed my H1) while transfer is in progress with Company A?

              2) will it create issues during visa interview?

              Thanks a lot

              Comment


              • #8
                1. Yes. Each petition is independent.
                2. Depends on the company and your credentials.

                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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