H1B transfer from India.

[kaushikqa]

If I hold valid H1B visa for company A and I am currently in India, then if company B selects me in India, can company B transfer my visa on their name and send me to US after petition gets approved? Is this feasible scenario or I need to be in US only for this to happen?

[kabkaba]

Yes, B can file a cap-exempt petition.

[kaushikqa]

Thank you very much.

[kaushikqa]

Hello kabkaba and all senior members,

I have heard from few people that If I am in India holding valid H1B visa, then it is really difficult to tranfer the visa to new company In India and then coming to USA after visa gets approved.

Kindly provide me more details or the process about the same.

[shervin143]

There is no difference in the process of filing the H1B transfer from within U.S or outside. It is all the same. If the petition gets approved and if you have a valid H1B visa stamped in your passport and if the employer want you to travel to U.S to work for them, then you can do that with no issues.

[kaushikqa]

Hello All,

In how much time employer B has to claim the same petition approved earlier for employer A after A informs USCIS to cancel the approved petition?

In my opinion, employer B has maximum 15 days (not sure about calendar days or business days) to claim the same petition.

seniors, please let me know if I am correct over here.

Thanks in advance.

[kaushikqa]

Hello Seniors and experts,

Request you to provide your expert comments in this case.

@ shervin143,

As you said visa transfer process remains the same in the US or outside US, but my existing employer will send my passport to consulate for cancellation.

Suppose, before they do this or within 15 days of existing employer intimating USCIS to cancel the petition, can new employer claim file non-exempt petition?

Also, do I need to appear for visa interview again as existing employer would have cancelled the visa stamp on passport?

[akhil_agarwal1]

Hello All,

In how much time employer B has to claim the same petition approved earlier for employer A after A informs USCIS to cancel the approved petition?

In my opinion, employer B has maximum 15 days (not sure about calendar days or business days) to claim the same petition.

seniors, please let me know if I am correct over here.

Thanks in advance.

Even if Emp A revokes your petition, Emp B can go ahead with filing a new cap exempt petition (i.e petition transfer) for you.
That can be done anytime within 6 years (atleast) from the date your petition was approved.

- - - Updated - - -

Hello Seniors and experts,

Request you to provide your expert comments in this case.

@ shervin143,

As you said visa transfer process remains the same in the US or outside US, but my existing employer will send my passport to consulate for cancellation.

Suppose, before they do this or within 15 days of existing employer intimating USCIS to cancel the petition, can new employer claim file non-exempt petition?

Also, do I need to appear for visa interview again as existing employer would have cancelled the visa stamp on passport?

Employer cannot cancel the visa stamping (as the visa stamping is done on your passport) and (as per my knowledge) the employer cannot cancel it.
After the petition transfer you can appear for a visa interview again or you can use the existing visa .