H1B Transfer Options and Scenarious

How to go about H1B transfer ? Various scenarios

In Apply H1B Visa by Saurabh1858 Comments

It is a one of the most common questions for H1-B workers that “Can I transfer my visa to another company?”. This question can arrive after working for a company for several years, or just after landing in US, or even before flying to US. As part of this article, I will try to address this question.

Legally, is there something really called H1B Transfer ? 

First of all, there is nothing called “H1-B transfer” (i.e. legally). It is a term coined for our convenience. H1-B transfer is basically a new H1-B petition which is not counted in the H1B quota because the applicant has already been counted in the quota once in the past 6 years.

What does USCIS Look for when any applicant goes for a H1B Transfer ?

So in order to approve any such petition USCIS considers two things:

  1. Did the applicant maintain the status (US Visa vs Status) before applying for the petition.
  2. Will the applicant be able to maintain the status if the petition is approved

I will now try to tackle different situations by keeping above two conditions in mind. In each of the below scenarios, 2nd consideration can be proved by showing petitioner’s ability to pay the alien once petition has been approved. For consulting companies, this is determined by a client/project letter.

Scenario 1: Applicant has never been to US
In this case, question regarding prior status doesn’t exist because as long as you are outside of US you don’t a legal status.

Scenario 2: Applicant has landed in US and applies for transfer within 15 days of landing
Because the applicant has landed in US, s/he now has a status. However, because it has been less than 15 days, that status is not defined yet (payroll typically starts in 15 days). So one can still dodge the bullet and may not have to prove his/her current legal status.

Scenario 3: Applicant has landed in US and applies for transfer after 15 days of landing
This is the scenario where USCIS definitely wants the alien to prove that s/he maintained his/her status. Some of the documents that can be submitted as valid proof are recent paychecks (3 should be sufficient), bank statements that show salary deposits and W2.

Scenario 4: Applicant worked in US for sometime, then left for India and files the petition while being in India
This is more like scenario 3. The applicant will have to submit most recent US payslips and W2s in order to prove that legal status was maintained while s/he was in US. No proof is required for the period for the time spent in India.

So if a person needs to file a new petition through a new employer (on in raw terms wants to apply for H1 transfer), then s/he needs to think about the above two considerations and see if s/he can satisfy both of them. As long as the person is able to satisfy both requirements, H1 transfer shouldn’t be a problem – it shouldn’t matter whether you are in US or in India.

What has been your experience ?

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Comments ( 1,858 )

  1. Naveen

    Hi Saurabh,

    I have a valid H1B Visa with Company A (petition, Visa) dated from Mar-2015 to June-2017. But I haven’t get a chance/opportunity to travel USA and I got an offer from Company B which is again at offshore location in India.

    I have decided to join in Company B but have some questions in my mind. Please address my queries.

    i. Is there any chance to Cancel or Revoke my H1B by Company A.
    ii. If they Cancel or Revoke, does it mean I lose the H1B advantage completely or Is there any alternative?
    iii. Suppose, After joining and transferring my H1B Visa to Company B and If incase I don’t get a chance to travel USA through Company B by June-2017. Will it be extended further (After June-2017)?
    iv. If extended, Can I stay in USA for maximum limit of 6 years as per H1B cap stay duration? or Will it affect my H1B cap stay duration in USA?

    Regards,
    Naveen

  2. Naveen

    Could you please let me know the difference between H1B transfer and Cap-exempt?

    1. administrator
      Saurabh

      Naveen,

      Cap-subject: When the person has not been counted in cap previously, their petition is called cap-subject. These petitions can be filed only when cap is open (typically April)

      Cap-exempt: When the person has previously been counted in cap, a subsequent petition is call cap-exempt. This new petition can either be H-1 transfer (when filed by a different employer) or H-1 extension (when filed by the same employer).

      Makes sense?

  3. Vivek

    Hi,

    I am in India and got my Visa stamping done from US consultancy ‘A’ but there is no opening in ‘A’ currently and I got offer from company ‘B’ in India. What will happen if:
    1. Company ‘B’ is ready to transfer H1B, during the transfer period if I get call for joining from company ‘A’ in USA can I join that company during transfer ?
    2. Once my transfer will be done to company ‘B’ then can I join company ‘A’ , will the company ‘A’ H1 will be still valid ?

    Regards,
    VK

    1. administrator
      Saurabh

      Vivek,

      Legally, there is nothing call H-1 transfer. What B will be doing is filing a cap-exempt petition for you. Even after B’s petition is approved, A’s petition will remain perfectly valid until A withdraws it or it expires. In other words, you can pick either A or B’s petition anytime during the process.

      1. Yes, you can move to A while B’s petition is in progress

      2. Yes, you can move to A while B’s petition has been approved

      Once you use a petition to enter US, you will have to work for that employer.

  4. Divya

    Hi Saurabh,
    I am having valid H1B visa (NOV2015-SEPT2016) from company A. but unfortunately requirement is cancelled in my project.If Suppose if i got offer form another company B.

    1. Is it possible to transfer to company B? if yes how many days will take to transfer? again need to go visa interview?

    2. if suppose got a offer from company B after visa is expires, then how many days will take to transfer? again need to go visa interview?

    3. How much amount, need to pay for transfer?

    Thanks.

    1. administrator
      Saurabh

      Divya,

      1. Yes, possible. Normal processing is 2-6 months while PP option is 15 calendar days, not including RFE time. No new visa stamping is required as long as previous visa has not expired.

      2. Same reply as (1)

      3. You don’t have to pay anything. The fees need to be paid by H-1 employer just like your initial petition.

  5. SAI

    I have got my H1B Approved from Company A in October 2014,I worked with them till March 2015.I transferred to Company B In April and worked with them till August 2015.Company A did not revoke my I797 and its valid till 2017.
    Now my question is Should “To come back and work with Company A,Should I file a transfer again from Company B To Company A Or can I come back to their Company A payroll without Transfer?”

    1. administrator
      Saurabh

      SAI,

      Did you leave US anytime after leaving A? In other words, is the I-94 endorsed w/ A’s name still valid or has it expired or become invalid due to travel outside US?

        1. administrator
          Saurabh

          Sai,

          In that case you cannot join A seamlessly. You need to have an I-94 with their name endorsed on it. You have two options:
          1. Leave US and return on A’s approved petition. Old petition can be used if it is still valid and not expired
          2. A files a cap-exempt petition (aka H-1 transfer) for you, and you join them.

          Depending upon when A’s current petition, (2) may be better option as it gives you an extended 797 and I-94. In (1), you will receive I-94 only until A’s current 797 and may require an extension to be filed soon.

          Makes sense?

  6. administrator
    Saurabh

    Balu,
    Yes, you should move to H-1 employer ASAP. Once you have stayed them for a while to get the necessary payslips and show H-1 status, you can move to another employer, if needed. You should let your H-1 employer’s attorney know about this.

  7. Balu

    I came to US (Feb 2015) on L1b for Company A, got H1b approved with Company B on Nov 2015, but I am yet to resign from Company A and still working with Company A paystub only, Now Can I transfer my H1b to Company C from Company B with No pay stub or joining them , but have Company A ( pay stub).

    1. administrator
      Saurabh

      Balu,

      Do you know if your H-1 was approved w/ COS or w/o it? Does the H-1 approval notice have an I-94 attached to the bottom of it?

        1. administrator
          Saurabh

          Balu,

          You should not be working on L-1 anymore if your H-1 was approved w/ COS. You are currently on H-1 and staying w/ L-1 employer is putting your immigration status is jeopardy. I assume your L-1 employer doesn’t know about the approved H-1 petition.

          If you want to work on L-1, then leave US ASAP and re-enter on stamped L-1 visa. If you want to work on H-1 for a different employer, then immediately contact an attorney as you are currently out of status. For H-1 transfer, you need to prove your current H-1 status, which you are not maintaining.

          1. Balu

            Thanks for the update.

            Let me plan to move to h1b Company in next one week, I believe once I make this move it should fine with h1b status .

            Further do I need to contact attorney to fix for past period ? For COS.

  8. Missy

    Hi,
    Please help:

    1. I have my approved visa transfer to Company B.
    2. Company A wanted to terminate my employment and revoke my visa on the same day Dec 18, 2015.
    3. I am schedule to take a vacation (country of origin) on the 19th of Dec 2015 before starting Company B.
    4. Schedule to go back to US on the 28th of December 2015.

    What are the possible problem with immigration?

    Thank you.

      1. Kiran

        Hi,
        I am working for a Company A in India and got a job in US for a Company B and my H1 petition got approved and also Visa stamping done in India. Visa is valid till Aug 2017, However I didn’t get an opportunity to travel to US on the existing and valid H1B. Now I have got offer from Company C and also they applied for H1 transfer and it got approved. I am still in India working for Company A. Now my query is:
        1) Do I need to go for stamping once again ? ( I already hold a visa stamp of Company B which is valid till Aug 2017)

        1. administrator
          Saurabh

          Kiran,
          As long as the previous visa stamp is still valid and has not expired, you can use it for travel along w/ newly approved petition. However, some employers prefer to have the visa stamp in their own name. Check w/ your employer/attorney about it.

          1. Kiran

            Thank you so much Saurabh for the reply, Feeling relieved. Is there any official website where we can ourselves take the opinion of the embassy and carry the print out of the same based on their revert.

          2. administrator
            Saurabh

            Kiran,
            Please read this:
            http://www.state.gov/documents/organization/87226.pdf

            9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
            (CT:VISA-1406; 03-11-2010)
            After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

  9. kbus

    Hi,

    I got I-797B few weeks ago but still I have not done my visa stamping. I have few queries if you can help me in resolve :
    1. Where exactly I can see my employment start date ? I have seen one start and end date in LCA form which submitted by my employer but that start date is already gone.
    2. Is there any problem am I going to face if I will go for visa interview somewhere around 1st week of Jan-2016 and possible travel date around 15-Mar even my employment start date already passed ?
    3. There is a small spelling mistake in my surname in all the documents provide by my employer (i.e. offer letter, client letter) but that spelling is very much correct in all the USCIS documents like I-797B, Form 129, LCA and other documents. Is there any issue I am going to face during visa stamping or entering into US due to that small spelling mistake in my employer documents ?
    Pls help me in above queries. Thanks in advance.

    Thanks

    1. administrator
      Saurabh

      kbus,
      1. Your 797 will have H-1 start and end date.
      2. It should be ok. Make sure you have recent documents like employment offer letter.
      3. It should be ok, but if he can then employer should provide an offer letter w/ correct spelling. It was also make it more recent.

  10. kiran MV

    HI,
    I have got the H1b Stamping done for me on Nov17th 2015, Can i apply for H1b Transfer, sitting in india? How much time does it take to for H1b Transfer? to transfer H1b do i need paystubs from the current employer? for how many days pay stubs are generated(i mean on bi weekly basis or on monthly basis?)

    Regards,
    Kiran

    Regards,
    Kiran

    1. monalisa

      yes you can but you would come under a cap exempt instead of a transfer
      i can assist if required.

      Thanks
      coolmroy
      gmail

    2. administrator
      Saurabh

      kiran MV,
      Another employer can file a cap-exempt petition for you. As you have never been to US, you don’t need any US paystubs. In US, some employers generate pay monthly; others pay b-monthly. Depending upon that arrangement, you will have the frequency of payslip generation.

  11. Uttam

    I am in India. I received my H1B approval on 5 October 2015. Now my employer is not letting me go for stamping. This is my first H1B, approved only for one year (5 Oct 2015 – 5 Oct 2016). I am going through some interviews with other US employers (Big 4). If I get an offer, can they transfer my H1B although I didn’t go for stamping and never been in US?

    1. administrator
      Saurabh

      Uttam,
      Another employer can file a cap-exempt petition for you using the current approved petition.

  12. Giri

    Hi Admin,

    I have a valid stamped US H1B visa and H4 visa (for dependent) stamped from a desi consultancy. This visa is valid till 6/2018. Now my current company wants is not letting me go and wants to initiate a H1 transfer. I’m OK with this opportunity. My questions are :
    1. Will the consultancy know that my company has initiated transfer if I don’t tell them?
    2. What can the consultancy do if they come to know? How will it affect my visa status?
    3. What will happen incase my company’s H1 transfer request gets rejected? Can they re apply?

    Appreciate your help in this regard.

      1. Giri

        Hi Saurabh

        Thank you. Can you please provide me a link to the answer in Q&A forum. I couldn’t find it.

    1. administrator
      Saurabh

      Giri,
      1. No consultancy will not know about it
      2. They can send your petition to USCIS for withdrawal. However, your current employer can still go ahead w/ cap-exempt petition.
      3. Your current employer can reapply if it is denied. It won’t impact the already approved petition.

      1. Giri

        Thank you Saurabh. One last clarification :

        1. What are the chances that the new Cap exempt petition filed by USICS will be accepted/rejected if my current employer does PP? Are such petitions viewed with scrutiny or tend to get rejected?

        2. Will I have to go for stamping again if my new cap exempt petition is approved?

        1. administrator
          Saurabh

          Giri,
          1. Applying w/ PP doesn’t improve or hamper chances of approval.
          2. If the old visa stamp is still valid and has not expired, then you can still use that along w/ new employer’s petition.

  13. Kumar

    Hello, I am in a tricky situation. Please advice someone ASAP.

    I have approved petition and valid I-94 till Nov-23 2015 with company A. And company A filed for an extinction on Jun-22 2015. It is still in pending status. eagerly waiting for the status.
    Now the situation is, company A project is completed and asking me to go back to India (its is force).
    Questions:
    1. Can i switch to company B now? (I have offer from company B). Company B is ready to file a petition now once i agree.
    2. Is it a valid to switch in the last minute.
    3. If yes, any impact to B company petition as extinction is in pending with company A.
    Please advice me ASAP. have to take decision.

    1. Jayapa

      Kumar,
      Here is my suggestions:
      – Before your company A I94 expire, you need to APPLY for H1B transfer to company B. If you apply and get the receipt number, you can work for Company B, even though your transfer is pending. Here you can inform Company B to apply transfer in Premium process so that you can get the results in 2 weeks.
      – Risk is, if the transfer is denied, bad luck you need to leave the country.

      Good Luck !

      1. Kumar

        Thank you Jayap. Just approached advocate on the same. He said we have 60 days time to transfer h1b to employer b after pitiation expires as it is in extinction status, I am eligible for transfer.

      1. Kumar

        No. Waiting for the status. Almost 5 months completed.don’t know still how long does it take.

    2. administrator
      Saurabh

      Kumar,
      The transfer will be filed after current I-94 has expired but while extension is in progress. This creates a bridge of I-94. Your transfer is eligible for new I-94 only b/c of the assumption that extension I-94 will be approved. In case extension I-94 is denied, your transfer I-94 will be denied as well.

      My suggestion would be to:
      1. Continue working for A until B’s transfer gets approved
      2. Have B file it under PP so that it gets a quicker result

      Having filed timely extension gives you grace period of 240 days to stay inside US while it is pending.

  14. Sri

    I had a H1 visa stamped from my previous employer and i never travelled to US. I moved to another company.

    and the VISA had a validity from 2008 to 2011.

    Do i have any chance to renew or get the H1-Transfer?

      1. Kirti

        Hi,
        I am in the same situation, do employers help with H1 Transfer? I do have a valid H1 Petition for 3 years

  15. anand

    Can any body guide me how to proceed further step. I got H1B Oct’2014 but unfortunately i came Jan’2014 but i am not get any job till june.Now i got new offer another company . May i know is mandatory to submit pay stubs for H1B transfer purpose, because i don’t have any job and don’t have pay stubs. may i know can we do H1B transfer without paystubs.

  16. Rajarajeshwari

    Hello Saurabh

    I am in a tricky situation. My H1B Petition was approved (not Visa, stamping not done yet) with company A, but there was a need for DOB correction and I have notified the responsible team to look over it. Its already four months and there is no update on the DOB correction.

    Now, I have an offer from company B.
    1). Can I resign company A and join company B?
    2). If ans to the 1st question is yes, what would be the possible difficulties I could face?
    3). Can company A create any problems and can it withdraw my H1B Petiton?
    4). What care should be taken by me and my decisions before joining company B

  17. Mak

    Hi
    I got H1b visa from company A but the company A does have postion to send to USA , but i am getting a offer from another organisation that is comany B , and B is telling we will transfer your visa to our company that is B , but till i have not resign job in comany A , if company B transfer the visa , so then the company A will be knowing that i have transfer the visa to company B.. because after getting sucessfull transfer i have resign a company A , pls any one can assist me on these …. till now i have not travel to USA ..

  18. wayt

    Iam working in Bank Of america Project in TCS.
    They’ll be filing H1B visa for me in April, 2015.
    My Manger was saying this VIsa is valid for only Bank Of america.
    I cannot use it from a different project… Is this kind of limitation possible?

    1. Ananymous

      No,
      You can use this for any other projects.
      As per the new rule. Your new project will apply for H1-B amendment and normally it takes time based on weather on Premium or normal process

      This is Just an Suggestion.

  19. Ramesh

    Hi,
    I am working for a employer “ABC” in US as a H1B visa holder. Now I have got W2 from my employer but in W2 he has mentioned employer address as “ABC Cons” (not ABC) with different address. When I asked to my employer he told we have different companies and this is not an issue. Now I would like transfer my H1B with different employer “XYZ”. Now is question is that is there any problem during H1B transfer as W2 employer address is not matching with my petition address? Does USCIS will ask W2? Can somebody explain me about this.

    1. AN

      No Problem. You can mention that in your RFE response. USCIS will take it forward to connect the company

  20. jay

    Hi,

    my current company filed H1B for me and petition got approved and my visa also got stamped in my passport and is valid till 2016. My company never sent me to US in last one year.
    I was approached by US based company for job my question is.
    1.Since I never traveled to US is it possible to transfer visa?
    2.If transfer is possible will it come under cap-exempt category?

  21. Nandini

    I had a H-1B from company A and never traveled to USA. My h-1b VISA is stamped on my passport till 2016. Now my employer has revoked my petition.

    Can i transfer my H-1B to another company. Also do i need to go for stamping

    1. Rk

      Hi Nandini,

      Can you let me know what update you got, Is it possible or not.
      If possible then what is probability to get it again.

      I am also stuck with same condition.you can drop a mail to me.

      Thanks,
      Ramakant

      1. itukm

        Please let me if you have any further information on possibilities and I am also in similar situation.

  22. Priya

    Hello Experts,
    Can you please advice, what are the documents require for changing company on H1B in first two month after landing in US. (Also, If employer is not giving paystub, in that situation what are the options?)
    Thanks, Priya!

  23. Krishna Kumar

    Hi,

    I am currently working with X company and serving my notice period with the same company. I have a valid H1B visa (valid till Sept 30, 2015). One consultancy firm in India (offices in US also) has offered to take me to US on their expense (flight, boarding & lodging) and provide me a job based on the current H1B visa. They are asking me to travel to US in the current employer name. Is it legal? Will it create problems?

    Please advice.

    Thanks

    1. Ash

      HI Krishan Kumar,
      Can you let me know more details of your case[phone # or email]. I am in same situation as of yours. So need your opinion too.
      Thanks,
      ash

  24. Divyesh Kotekar

    Hi Saurabh,

    I was in US on L1B visa. While there, my company filed for H1B visa under Change of Status (CoS) and it got approved. Since Oct 1st 2014, I was officially on H1B visa. In december I travelled to India for personal reasons and I plan to stay here for long. I am planning to switch jobs here in India. If I do,will my employer cancel the approved H1B petition ? The H1B stamping is not yet done.

    Please let me know.

    Thanks
    Divyesh

  25. Putul

    Hi Saurabh,

    I have an approved H1 B petition ( not visa) from my last employer A in India. My H1B was filed and approved in 2012 when I was working in India. I quit my job in India when I joined my husband in US on H4 visa in 2012. I never used that petition for any job here. My I797 expired in Sep 2014.
    1) Can I use the same petition for a new job here?
    2) Do I need any play slip for H1B transfer? Is there any rule from USCIS regarding this?

    Please advice.

    Thanks

  26. Durgesh

    Hi Saurabh,
    I applied for H1 through company A and it got approved but before collecting information (like receipt# etc.) I switched to another company as I was not interested in travelling to US at that time (~18 months back). Now is there anyway of taking the advantage of preapproved H1 through my current company? If not, then if I current company apply for a H1 then will I be under cap or cap exempt

  27. jeevan

    Hi saurabh ,
    My H1b petition got expired in sept 2014 with Company A and i almost waited for an year unfortunately there is no opprtunity .
    Now i made up my mind to switch another company B as i got bettar offer .Will it be easy for me to transfer my H1b expired petition to company B ,if so how much difficulty and will there be any blackmail from company A lets say they may hold documents etc .
    if so what is the easy way of transfering petition .
    Company B has to pay the H1B investment to Company A ?
    Please send me response immediately beacause H1B is very important part and need of my life .
    I will be very thankful if risks also mentioned .

  28. meghal

    Hello,

    i was on OPT with company X and the same company filed my H1B, but i got a very good offer from company Y before my H1 started and i resigned 3 days after my H1 started on oct 3rd. as my LCA was filed by company Y but i didn’t receive any receipt, will i be able to work for Company y? Also, In this scenario what can be done.

    Please advice

  29. Ashher

    Hi Saurabh, my H1B petition got approved on June 2010 and visa got stamped on January 2011 in India But i didn’t travel to USA on that visa and changed job in India. Then My Employer canceled the visa when i left that organization. Now i am with another IT organization in India.

    Can someone please provide me information if I am still eligible to qualify under 6 year Cap Exempt rule and my current (or any) employer who is in India (Having registered office in USA also) can file my visa using my previous petition of 2010 as a cap exempt case? This would be great help for me if you can provide me this information as time is running out now for me :(

    Thanks,
    Ash

  30. Debojyoti

    I am on a valid H1B visa stamped till 03-Mar-2016. The petition is also approved till the same day. Currently I am in USA. I am working for company ‘A’.Recently I got a offer form company ‘B’ and they started my H1B VISA transfer process. I have not resigned from my current company ‘A’. Company ‘B’ has filed my H1B VISA under premium processing on 04-Aug-2014. I have to travel to India on an emergency on 07-Aug-2014. I have no plans now to resign from company ‘A’ once I come back from India on 07-Sep-2014.
    Will there be any problem when I travel back USA on 07-Sep-2007 and what documents do I need to carry.

  31. Achu

    Hi,

    I am working for company “X” from last 1 year and 6 months. I travelled to India and came back in april. I have failed to submit my leave end form. So, the may month pay stub was not generated. But I got the June month pay doubled including may month salary, but the pay dates are only for june. From then I have received july month pay slip also.

    I got the opportunity for company “Y”, I need to submit last 2 or 3 months pay stubs for H1 transfer.

    Will this be a problem.

    Do all the pay slips should contain same pay rate.

    Do I need to wait for another 20 days to get the next pay check so that I will have 3.

    Please reply.

  32. Saurav

    Hi Saurav ,
    Please guide me on below request. Thanks in advance .
    Query :
    I have an approved H1B petition till 2016, If i quit the company who sponsored it , then would my new employer have to file a new H1B or it is just a H1B transfer .Currently i am in india and my visa not stamped .
    Please Please please Reply .

  33. damodar

    Hi saurab
    I have valid h1b till september end(3 months).if h1b transfer is applied by other company will i get only 3 months validity or will get more.
    Thanks

  34. Navd

    Hi,
    I got my H1-B approved for 3 years from employer A, I am currently on OPT STEM extension valid till Dec,2014. The H1-B status begins from Oct 1st, 2014.
    Now I have a better offer from employer B, who wants to file a H1 transfer for me but also wants me to start working from next week for him.

    question is 1. Can I start working for employer B ?
    2. Do I need to wait till the transfer Process is done, even though the H1 has not started yet?

    appreciate your help and suggestions.

    Thanks

  35. EFS

    Dear Saurab,
    I applied for h1b visa from company A, they filed my petition and got approved in 2013, at the interview with the visa officer they gave me 221g yellow, submitted all the documents and after several months the consulate sent my case back to USCIS. After all this wait I decided to look for another company and do the transfer, now company B decided to transfer my visa but they are asking me for a sign statement of why I never got the visa stamped, I never mentioned the 221g to the company B. How this can affect me now? If I say the company A never came back this will impact the transfer with company B? Or I should tell them about the 221g?
    Thanks

  36. neil

    I am working on H-1B through company A valid till 2016. I accepted offer from company B and they just filed H-1B to USCIS (decision pending). Now, I also receive offer from company C and I am more interested in going for company C.

    -Is it possible for company C to file H-1B using only company A’s pay stub and H-1B receipt?
    -Can company B withdraw petition while it is in review? If so, will that impact to my current job or petition being filed with company C?
    -If I get H-1B approved from company B before company C file for H-1B then do I have to work for company B before I go to company C? or can I just work with company A and go directly to company C?

    Please let me know.
    Thank you,

  37. Sravan

    Hi Saurabh,

    I have a valid H1B VISA and I never been to USA.

    Through a consultancy X, I have transfered my H1B and I got the new petition. Now I have to go for VISA interview again in India.

    Here my question is what are the possible questions at consulate at the time of interview. Please suggest.

    Thanks,
    Sravan

    1. XYZ

      Hi Sravan,

      You are really done very good job and hopefully the consultant X will treat you properly in USA. don’t worry about the visa interview, hopefully it would be easy.

      -XYZ

  38. linus

    Hi Saurabh, i am in a tricky position. I have a approved H1B petition with company A, but no VISA yet. Now Company B contacted me and said that they will file for a transfer/new petition. I have few questions on this:

    1) If company B files a new petition for me and send me for VISA, what happens to the status of the petition filed by company A.
    2) Say if i go to VISA stamping using company B’s petition and for some reason the consulate issues a 221(g). Meanwhile can i go for the VISA stamping again using company A’s petition (Assuming company A’s also want me to get stamped) . Will i face any issues here?

    Thanks,
    Linus

  39. Harika

    Hi Saurabh,
    My current company has applied h1 for me and it got picked in lottery, now my husband works in US, i wanted to buyout h1 from my current employer in India and travel to US on dependent Visa, will my h1 still be valid in this scenario??

  40. H1-B Premium Processing Fee

    What is the real advantage of applying H1 Transfers with H1-B Premium Processing filing with additional processing fee if not there is no actual guarantee time limit for approvals.

  41. Ranga

    I am working for Company A and they Filed H1B for me. Its was approved and got stampped. so far as not entered in US.
    I got offer from Company B they are saying ready to transfer H1B.
    Questions –
    1. Can my H1B petition be transferred to company B wihile in india?
    2. Any possibility of revoking my H1B visa from employer A.
    3. If so, transfer is possible to company B?

    1. Raj

      Hi Ranga,
      Did you get any reply? Or any clarity on your questions.
      Can you share those please..i am in same situation..

  42. Abi

    Hi Saurabh,
    I am in a confused situation now. I was on h4 and got my h1b approved in dec 2013.
    Got a project in feb for two months(i.e., feb n March) . Again i am on bench from april. Employer said he will run the pay roll for april, and if i don’t get any project by end of may he will revoke my h1b(I am yet to get a project). My question is , in the worst case scenario if he revokes my h1b what will be my status? Is there any chance I can reapply for my h1b cap exempt? or can I try for h1b transfer bcoz i get a lot of calls for full time employment. I had a signed the offer letter which states that I have to be with this employer for 12 months, is this agreement valid? if so, when i join another employer what will happen? Appreciate your reply! Thanks in advance.
    Regards
    Abi

  43. Confused what to do next

    Hi Saurabh,

    I have a valid visa till sep 2015 issued in year 2012 from a indian MNC .Last year I have visited my client location for around 9 months and willing to switch my H1B job over there but due to some personal reason I have to come back to india now my employer is willing to send me back in January next year which means I would have only 9 months of visa validity available but I want to go to USA well before that but at the same time I would like to come back after 2-3 year back to india to work in some MNC here and I know if I will switch my job my current MNC is not going to hire me in any case.

    My question to you is that if I will get an offer from USA how will I be able to convince my employer to give me my experience letter without servicing the 2 months bond period as I heared that experience letter is a must to get a job in indian MNC(just to let you know that my current employer is the first employer I ave started working with and I have got a work ex of around 4.3 year with him till date )

    1. administrator
      Saurabh

      Confused what to do next,
      I don’t know if experience letter is mandatory in Indian MNCs or not, but in US it is not a must. Even when you don’t have experience letters, there are other ways to prove your work w/ the old employer – letter from ex-manager or ex-colleague or payslips to show your tenure.

      1. Confused what to do next

        thanks for ur response Saurabh,

        Really i am quit surprised to know that a letter from a ex-colleague is going to work .i am sure my manager is not going to provide me any experience letter at all and when it comes to salary slip i am not sure if my indian salary payslip is a enough proof to get a job in US.it it ?

        Also can you please let me know which particlaur technology i should be learning to get a stable career in USA ? I am currently working in mainframe techonolgy (cyberlife product) and i heard that it is getting used in only in big usa comapny who are willing to hire only permanent employee rather than H1B candidate.

  44. Juderavi

    Hi,

    My visa was stamped on Nov 2013 from Company x (MNC) and now they dont have projects in US. So i am unable to travel now.

    Meanwhile i tried with a consultancy and they said with my Visa stamped with X company is fine to travel to US with the consultancy supporting docs. Once i reached US, then they will do the H1B transfer.

    My question is
    1) Will the consultancy (whom i will be on their payrolls) file a new I-797petition?
    2) Whether i would to go for re-stamping with the consultancy name.
    3)Travelling with the X(MNC) company stamped Visa and their I797 petition with the consultancy supporting docs will be fine.
    4)During port of entry whether any queries will be raise as on petition was with my X comp and working with other

    1. administrator
      Saurabh

      Juderavi,
      1. Yes, they can file a cap-exempt petition (aka H-1 transfer) for you.
      2. Legally, you can use the old visa stamp for travel as long as it has not been canceled or has expired.
      3. NO. Your new employer is giving you wrong advice. Do not travel w/ X’s petition unless X wants you to travel to US. If the consultancy wants to hire you, let them file the petition while you are outside US. Once that petition is approved, carry that petition and other supporting documents.
      4. YES, they can question this illegal arrangement of traveling on X’s documents w/o X’s knowledge.

  45. Dede

    Hi Saurabh

    I would like to know what happens in the following scenarios:

    1) Is it possible for a new employer to file a cap exempt h1b petition even after old employer revoked their petition – given the person has used the old petition for one year and is staying outside US?

    2) Is it possible to ‘transfer’ (apply cap exempt) an expired h1b petition that has been used for one year?

    Thanks in advance!

    1. administrator
      Saurabh

      Dede,
      1. Yes
      2. Yes

      Cap-exempt petition can be filed on old petitions as long as it was approved in last 6 years.

      1. Dede

        Thanks for your response Saurabh. Will this 6 year thing be applicable even if stay out of US for more than one year? After I posted my questions here, I came across something in a forum where an attorney said in order to do a cap exempt, the petition must have been approved within past 6 years + the person should not have been outside us for more than one year.. Any thoughts?
        I am referring this -http://www.avvo.com/legal-answers/h1-petition-is-expired–can-i-go-for-h1-transfer-w-885152.html

        1. administrator
          Saurabh

          Dede,
          I don’t quite agree. It is ok for person to still apply for cap-exempt petition even after having stayed outside US for more than 1 year. If you have already found a new employer, you can check this w/ their attorney.

  46. amit

    I work for Company A and they Filed H1B for me. Its approved. I have the soft copy of approved H1B petition. Hard copy is with company. Stamping is not yet done, so not entered in US yet.
    I got offer from Company B they are ready to transfer H1B.
    Questions –
    1. Can my H1B petition can be transferred?
    2. Will it come under CAP?
    3. Company B says they will initiate transfer only after I will join them. If I resign from company A, can Company A revoke my H1B petition?
    4. If yes, even after company A revoke my petition, can Company B file new petition? Will that be in CAP limit?

    Any other suggestion….

    1. mchokk

      Hi Amit,
      From the comments I understand you weren’t in US.
      You fall under Scenario 1 where you never been to US .So H1b transfer cannot be done as your legal status is not valid.

      1. tintin77

        H1B transfer can be done.
        He just doesnt have to prove about maintaining a legal status because he was never in the US. Jeeez!!!!!!

    2. administrator
      Saurabh

      amit,
      tintin77 is correct.
      1. Yes
      2. No
      3. They can revoke the petition but B can still file a cap-exempt petition for you.
      4. Yes, they can file the cap-exempt petition

  47. Bala

    Hi,

    I have valid H1b valid till sep 16 and resident of India. I have not travelled to US before. I can forsee now my current employer not sending me there for atleast an year. Therefore I want to explore options to switch job and use H1B. Please suggest what will be the process, if any risk involved in this. I should search employment directly in US or in India. For my spoouse also she is having H4 dependent visa. whether she will also require visa transfer.

    Please help me out. So many doubts are striking my mind.

    1. Prasad

      Hi Bala, I am also in the same situation… H1B expiring in sept 15. I do not forsee any option in my company. Did you by any chance found any luck ? Please share it could be helpful.

  48. sheena

    I have never been on H1B in US.I got H1B approved last year from ABC employer ,But I resigned an came to US on H4.
    ABC employer has revoked my H1B.Can a new employer use my H1B and file for H1B transfer even if it is revoked.

  49. Kumar

    Hello,

    I am currently on H1B and working for indian based IT company.. last month I was offered job in an US based company. I accepted the offer and currently my visa transfer in process. I have a family here so visa transfer is being done for my dependents as well. Now in case I change my mind and dont join the company of which I accepted the offer then based on some blogs I understand I can still continue to work with my current employer as I have checked offer details and there I can see the clause of at-will termination from both sides however I am in doubt if visa of my dependents will still remain valid as well if I continue to stay in current company after H1/H4 transfer is approved? Please advise.

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