New H1 B Transfer from India

[sbs_dallas]

Hi,
My Wife is currently working in India with Company A ( India’s top IT company) , she got her visa stamped on 1st December 2010 but her company is delaying her travel to US with some ADHOC reasons.
Her is Visa is New and is not used for travelling yet.
I wanted to know if she can find a job in US with some other company is it possible to transfer her visa from India itself ? Please help

Thanks,

[shervin143]

Yes. The new employer can file a H1B petition under the existing H1B CAP she holds (just provide a copy of the existing H1B approval notice to the new employer) and when that gets approved, she can travel to U.S to work for the new employer with the newly approved H1B petition. The existing H1B visa with the current company can be used to travel (If the visa remains valid at the time of travel).

[ihelp07]

For H1 Transfer the person should hold a valid H1b status. Whenever the H1b transfer is done you need to have recent paystub, which I think in your case is not available.

[shervin143]

Please don't give incorrect information if you are not sure about what you are advising. If a person was never on H1B status, then no pay slips are required and the person doesn't need to be in H1B status to file a new H1B under the same CAP.

For H1 Transfer the person should hold a valid H1b status. Whenever the H1b transfer is done you need to have recent paystub, which I think in your case is not available.

[sbs_dallas]

Hi,

She already has her visa duely stamped from the first employer, though she has never used it so there are no pay slips on this.
Can the new employer still transfer her visa, and does she need to go for restamping again for the new employer?
What is H1B CAP?

[shervin143]

Already answered. Read my first reply which answers precisely to this question.

Hi,

She already has her visa duely stamped from the first employer, though she has never used it so there are no pay slips on this.
Can the new employer still transfer her visa, and does she need to go for restamping again for the new employer?
What is H1B CAP?

[ihelp07]

Let me know once it gets done...

Hi,

She already has her visa duely stamped from the first employer, though she has never used it so there are no pay slips on this.
Can the new employer still transfer her visa, and does she need to go for restamping again for the new employer?
What is H1B CAP?

[rkalsulkar]

Hi Shervin,
I would like to know what the H1B transfer process is?
I read in several threads on Immihelp about H1B Transfer. Can you throw some light on this?
Like the member who has originated this post even I am confused about process of Getting 'H1B transferred from current Employer to New Employer V/s. Filing Petition for New H1B under old CAP.
Would you please kindly clarify?

[shervin143]

There is no such thing as H1B transfer. It is just another term for a new H1B under the old/existing CAP which will allow the candidate to immediately work for H1B sponsor upon filing the petition (if the candidate is in U.S) or upon approval. The candidate doesn't need to wait until April to file the H1B under the new CAP and doesn't need to wait until Octobber to start working.

Hi Shervin,
I would like to know what the H1B transfer process is?
I read in several threads on Immihelp about H1B Transfer. Can you throw some light on this?
Like the member who has originated this post even I am confused about process of Getting 'H1B transferred from current Employer to New Employer V/s. Filing Petition for New H1B under old CAP.
Would you please kindly clarify?

[greyhawk]

I also have the similar case where I have H1B stamped from firm A(never travelled on this visa or any other visa to US) valid till May 2012; but I firm B offered me to get my H1B transferred to them.

Now my question is :

a.) Is der any chance that firm A can cancel my visa ? If yes how will it impact visa transfer application by firm B?
b.) If it is possible that firm A can file for visa cancellation once i resign: in this case when should i resign? should i resign only after H1B transfer application by firm B is approved? hope I made my question clear.
Please advise.

Thanks

[shervin143]

H1B petition and H1B visa are two different things. Visa can be cancelled only by the consulate and the employer cannot cancel or request to cancel an already approve visa.

a.) Is der any chance that firm A can cancel my visa ? If yes how will it impact visa transfer application by firm B?
>>> The employer can cancel the petition. But that will not have any impact on any new employer filing an H1B petition using the same CAP. Read by previous reply in this post to understand that technically there is no such thing as H1B transfer.

b.) If it is possible that firm A can file for visa cancellation once i resign: in this case when should i resign? should i resign only after H1B transfer application by firm B is approved? hope I made my question clear.
Please advise.
>>> You can resign anytime. Read the anove answer. Just keep a copy of your existing H1B approval notice. That will help the new employer to prove that you are already CAP counted.

[greyhawk]

Thanks for the clarification. This really helped.

1 last query on the same line :

On the POEntry I'll have visa stamped on which firm A's name will be mentioned.
and probably I'll have the visa transfer docs(new H1B approval) from firm B.
Is der any issue with this? Is der anything else that I should carry in order to make things smooth at POE

Thanks for your help in advance.

[shervin143]

That is not an issue. You can travel with the old company's valid H1B visa and the new company's valid petition.

Check the below link for the list of documents required at the POE.
http://www.immihelp.com/forum/showthread.php?t=83968

Thanks for the clarification. This really helped.

1 last query on the same line :

On the POEntry I'll have visa stamped on which firm A's name will be mentioned.
and probably I'll have the visa transfer docs(new H1B approval) from firm B.
Is der any issue with this? Is der anything else that I should carry in order to make things smooth at POE

Thanks for your help in advance.

[deepsea]

Hi,

My would be is in the same situation. She got the h1b approved with Z company during 2009 Dec and has been unsused since then, but Now she has another offer with a a very GOOD firm from the US who is willing to do a h1b transfer.

Is she eligible for h1 transfer ?
Does she have to go for restamping to the visa counslate ?
Does she require any pay stubs of her previous employer for h1 transfer ?

Plz note she was never on h1 status before or entered US soil.

Thanks in advance, Deep

[shervin143]

Did you read this entire thread. You have answers to all these question. I am not sure why you have asked the same questions again.

Is she eligible for h1 transfer ?
>>> Yes.

Does she have to go for restamping to the visa counslate ?
>>> No.

Does she require any pay stubs of her previous employer for h1 transfer ?
>>> No pay slips required if she was never on H1B status.