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H1 Transfer while in India

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  • H1 Transfer while in India

    Hi,

    I have been working in USA for past 2+ years. Recently I got my Visa extension in US and travelled to India for Visa Stamping. I got 221 g green form from consulate saying that your petition will be sent to USCIS for further review.

    My case is currently in Administrative processing. My question is, I got a new offer from other XYZ company, can I transfer my H1 while I am in India? How to present this situation to XYZ company.

    Please suggest your valuable ideas. I am confused.

    Thanks in advance.


    KG

  • #2
    Possible. Any employer can file a new H1B petition using the CAP from your previous H1B approval notice (give the new employer a copy of your most recent approval notice) and request an immediate start date. There is a premium process that will get you the result within 15 days. If the petition gets approved, you can attend the visa interview again and if the visa gets approved, you can travel to U.S to work for the new employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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