H1B Transfer while not being in US

[Rythm09]

Hi,

I have an approved H1B petition from company A.I am currently working in India with company A and have a job offer from a US based company(B).

Since I am not in US at present and don't have any pay stubs from an employer in US,is it possible to get my H1 transferred to company B in this situation??

What is the process to get this done if at all it is possible??

Thanks in advance..

Regards,
Rythm

[immihelp]

For how long you have worked for company A in the US? When was the last you worked for company A in the US?

[Rythm09]

My H1 got approved just 3-4 days back.I have never been to US before through any company.
I don't foresee any US opportunity from company A hence I want to consider the job offer from company B.

[sk4ih]

Yes, you can go for H1 transfer.
Transfer is nothing different than new H1, except that you'll not be counted against quota.
So, just find a new employer, and follow what you did for fresh H1. Pay stubs not required as you never worked.

[Rythm09]

Thanks a lot sk4ih.This information is indeed very helpful.

Regards,
Rythm

[Rythm09]

Hi,

With reference to my case as described in this post,kindly help in answering below questions:

1.I am planning to transfer my H1B petition to company B.But I have not yet got my visa stamped from my current company A.
Is it ok if I don't go for stamping from my current employer,transfer my petition to company B and when the transfer is approved get my visa stamped from company B itself?

2.My Petition is approved only for 1 year.Does this imply that after transfer to company B,the new petition will also be approved for 1 year??

3.My current employer has given me only a scanned copy of I797B.They will hand over the original docs only when I am scheduled to go for stamping.
But if I don't get my visa stamped from A(as asked above),I would not be having the original docs.
For the process of transfer and during all the further procedures,is it ok if I don't possess the originals??

Thanks in advace.

Regards,
Rythm

[shervin143]

1.I am planning to transfer my H1B petition to company B.But I have not yet got my visa stamped from my current company A.
Is it ok if I don't go for stamping from my current employer,transfer my petition to company B and when the transfer is approved get my visa stamped from company B itself?
>>> Very much possible. Visa is just an entry document. Visa is not required for transfer.

2.My Petition is approved only for 1 year.Does this imply that after transfer to company B,the new petition will also be approved for 1 year??
>>> No. The validity of the new petition depends on the project itenary provided by your new employer. Possible to get upto a maximum of 3 years.

3.My current employer has given me only a scanned copy of I797B.They will hand over the original docs only when I am scheduled to go for stamping.
But if I don't get my visa stamped from A(as asked above),I would not be having the original docs.
For the process of transfer and during all the further procedures,is it ok if I don't possess the originals??
>>> That is okay. H1B petition is an employer's document. Copy of the approval notice is enough to apply for the transfer.

[Rythm09]

Thanks a lot Shervin.Your quick replies and suggestions have helped me a lot.


Regards,
Rythm

[Rythm09]

Hi,

In addition to my earlier questions,kindly help in answering the below doubts as well.I am trying to gather all the information before I initiate the process.

1.After my H1 transfer gets approved from company B,I am planning to resign from my current company,continue serving the notice period and go for stamping during this period.
--My question here is,is it legal to go for visa stamping for a new employer while I am serving the notice period for my current employer??
--Will the VFS officer ask me to show any proof that I have resigned from my current company??

2.In my current company there is a process of clearance at the time of leaving for which they ask to submit the passport.
In my case,since I would have already got a visa stamp in my passport from new employer,so if I submit my passport for clearance,my current company would know about my new visa and job.
Can they raise any legal issue in this case that while being on roll with one comapny,I have got a visa stamp from another company(although I must have already resigned by then and would be serving the notice period when this clearance process will happen).

Thanks in advance.

Regards,
Rythm

[Rythm09]

Hello,

Request you all to kindly post reply to my queries.

Thanks in advance.

Regards,
Rythm

[sk4ih]

1.
-- Yes. Why not?
-- No.

2. No issues, when you are gracefully exiting.

[Rythm09]

Thanks sk4ih.

Rgds,
Rythm