H1B Transfer - Time required to transfer my H1B Visa

Question

Hi

I am on H1B visa. I am looking to change my job to another comapny.

I was in India for Stamping for 7 months. I had join this company last year in March 2011 . I have it in the offer letter that if I leave the job within 12 months I will have to pay whatever expenses they have paid for my H1 visa.

I wanted to know whether the 7 months I was there in India count as employment or no.

And how much time it takes to get H1B visa Transfer. My visa is already stamped on my passport.

If I loose my current job then what is  the procedure for visa transfer

Thanks

XYZ

Answer 1

I don't think 7 months will be counted as employment period.

VISA transfer can take same time period as a new H1B petition (approx. 2-6 months). If you go for Premium Processing, you could get adjudication done in 15 calendar days.

Process is same as new H1B petition filing - you need to find an employer who has a job for you and they will do the filing formalities. You need to provide them with all required documents including the approved H1B petition copy or approval notice.

Comments

I have heard that I can join the company as soon as the company gets the reciept of the H1B application . Is this true

And if I loose my job before getting a new job will it affect my H1B transfer. I already have my visa stamped

Thanks

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You can join the compnay as soon as the petition is received by USCIS (only if you are already in US on H1B). Please be aware that in case your new petition is denied, you will have to go back to old employer or have an employer file another petition ASAP.
It will not affect the transfer, but you are supposed to leave US as your will be "out of status" once you lose the job.