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  • Transferring H1B

    I am from India and got H1B visa through my present employer few month back and my employer assured me that I will be sent to USA in couple of months, but till now, I did not get the opportunity so I thought to quit my present company and planned to travel USA through some other employer
    1) It is possible to go to USA on same H1B through some other employer?
    2) I have to take any prior permission my current employer?,is there any risk that my present employer might cancel the H1B?
    3) What step I have to take for the same?

  • #2
    Originally posted by Jacobdeiter View Post
    I am from India and got H1B visa through my present employer few month back and my employer assured me that I will be sent to USA in couple of months, but till now, I did not get the opportunity so I thought to quit my present company and planned to travel USA through some other employer
    1) It is possible to go to USA on same H1B through some other employer?
    2) I have to take any prior permission my current employer?,is there any risk that my present employer might cancel the H1B?
    3) What step I have to take for the same?
    Is your passport already stamped with H1b visa ?
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    • #3
      Originally posted by hawkeye13 View Post
      Is your passport already stamped with H1b visa ?
      Yes It is stamped

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      • #4
        Originally posted by Jacobdeiter View Post
        I am from India and got H1B visa through my present employer few month back and my employer assured me that I will be sent to USA in couple of months, but till now, I did not get the opportunity so I thought to quit my present company and planned to travel USA through some other employer
        1) It is possible to go to USA on same H1B through some other employer?
        2) I have to take any prior permission my current employer?,is there any risk that my present employer might cancel the H1B?
        3) What step I have to take for the same?
        Hi Jacob,

        Please find responses inline.

        1) It is possible to go to USA on same H1B through some other employer?
        >> Yes. It is possible to use the same H1B with some other employer. You will require some amendment in your application though as your older employer will no longer be running your payroll. After you land in USA, a month later, your payroll needs to start running. If this payroll is not run, you stand to lose your valid H1B status.

        2) I have to take any prior permission my current employer?,is there any risk that my present employer might cancel the H1B?
        >> You do not need older employer's permission. Find a new sponsor and file an amended application. H1B once issued cannot be taken back, it is yours for 6 years. You can use it anytime in these 6 years, irrespective of the employer.

        3) What step I have to take for the same?
        >> Find someone else to sponsor it. You have the visa allotted to you, you do not have to worry about the annual visa cap as you are already counted against it. You just need to find another decent employer who will sponsor you and then you are set.

        Good luck.

        Best
        ~Natalie

        **Consult an immigration attorney for a more accurate perspective.
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

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