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Can my H1 be transferred while i am in India?

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  • Can my H1 be transferred while i am in India?

    1) My I-797 B and I-94 is valid till May 2011 and H1 B Visa stamping is valid till May 2008.Can i initiate H1 B transfer while in India or is it mandatory to stay in US while transferring H1?

    2) I have stayed for 3 years in US on H1. My I-797 B and I-94 is valid till May 2011 and H1 B Visa stamping is valid till May 2008.By when I need to come to US such that my H1 is not expired?


    Thank You

  • #2
    Originally posted by mcr
    1) My I-797 B and I-94 is valid till May 2011 and H1 B Visa stamping is valid till May 2008.Can i initiate H1 B transfer while in India or is it mandatory to stay in US while transferring H1?

    2) I have stayed for 3 years in US on H1. My I-797 B and I-94 is valid till May 2011 and H1 B Visa stamping is valid till May 2008.By when I need to come to US such that my H1 is not expired?


    Thank You
    -- you need new Employer letter to show that you have job offer into USA. and restamp with new I797 thats not transfer its new employer new job you have..... H1B transfer is only possible when H1B holder is into the USA.

    Comment


    • #3
      Originally posted by mcr
      1) My I-797 B and I-94 is valid till May 2011 and H1 B Visa stamping is valid till May 2008.Can i initiate H1 B transfer while in India or is it mandatory to stay in US while transferring H1?

      2) I have stayed for 3 years in US on H1. My I-797 B and I-94 is valid till May 2011 and H1 B Visa stamping is valid till May 2008.By when I need to come to US such that my H1 is not expired?


      Thank You
      Read the FAQs.

      1. Possible. Transfer may not be the term to be used but you can go with a new employer and are not subject to cap.
      2. You can come anytime with your new employer's valid I797.

      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


      • #4
        Originally posted by txh1b
        Read the FAQs.

        1. Possible. Transfer may not be the term to be used but you can go with a new employer and are not subject to cap.
        2. You can come anytime with your new employer's valid I797.
        -- right.. but he need to go for Re-stamp visa... if I am not wrong..

        Comment


        • #5
          Originally posted by OMM
          -- right.. but he need to go for Re-stamp visa... if I am not wrong..
          If the H1 visa is valid till May 2009 (and not 2008), the OP can enter as long as the visa is valid and has the new I-797 for the new employer.

          After May 2009, of course a new visa will be needed.
          Check out H1 FAQs first!
          http://www.immihelp.com/visas/h1b/h1-visa-faq.html

          Comment

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