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  • Job change before H1 travel

    Hi,
    I am working as a Software professional in an Indian IT MNC. I have the following query.
    I currently posses H1B visa from my current employer. However I haven't yet traveled to US.
    Now is it possible to apply for a job directly in US from India using the current visa?
    Am I eligible to apply for job in US?
    Can the employer in US transfer my current US visa? If yes, will the visa transfer again come under H1B cap?
    How much time does it normally take to transfer H1B visa(I mean the processing time)?
    Will companies in US consider my H1B visa where I haven't yet traveled to US?

    Please guide on these queries..


    Thanks in Advance!!!!

  • #2
    Originally posted by Crabman View Post
    Hi,
    I am working as a Software professional in an Indian IT MNC. I have the following query.
    I currently posses H1B visa from my current employer. However I haven't yet traveled to US.
    Now is it possible to apply for a job directly in US from India using the current visa? -- You don't need any Visa to apply for a job.
    Am I eligible to apply for job in US? -- You don't need any Visa to apply for a job. You only need one to actually work in the US.
    Can the employer in US transfer my current US visa? If yes, will the visa transfer again come under H1B cap? -- New employer can file a cap-exempt petition for you.
    How much time does it normally take to transfer H1B visa(I mean the processing time)? -- Same as any other petition. But after petition is approved, you can use the same existing Visa in your passport to travel to US.
    Will companies in US consider my H1B visa where I haven't yet traveled to US? -- The only benefit that gives you is that you are exempt from cap.

    Please guide on these queries..


    Thanks in Advance!!!!
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      I am in the same situation.... have H1b stamped visa and did not travel to US.
      But hearing varied opinions on the transfer.
      I am told that we need US payslips for transfer without which would result in RFE.
      I am very much confused now to go for transfer or not.Please any one tell me the best approach for tranfering the visa without RFE.

      Comment


      • #4
        Originally posted by Crabman View Post
        Hi,
        I am working as a Software professional in an Indian IT MNC. I have the following query.
        I currently posses H1B visa from my current employer. However I haven't yet traveled to US.
        Now is it possible to apply for a job directly in US from India using the current visa?
        Am I eligible to apply for job in US?
        Can the employer in US transfer my current US visa? If yes, will the visa transfer again come under H1B cap?
        How much time does it normally take to transfer H1B visa(I mean the processing time)?
        Will companies in US consider my H1B visa where I haven't yet traveled to US?

        Please guide on these queries..


        Thanks in Advance!!!!
        Guys!!! Please Advise!!!!!!!

        Comment


        • #5
          Payslips are applicable only if you are working for the first petitioner in the US.
          This is my opinion and not legal advice.

          Comment


          • #6
            Same situation

            Hi, I got H1B approval and Visa stamped in Feb 2012 thru company A from India. As company A is not having any project i do not have opportunity to visit USA. Can i try for H1B transfer to company B while i am in india.

            1.Can i travel with Old company A visa and visit USA? Or do i need to go for visa stamping again for company B in india? Will there be any port of entry issues?

            2. If i come old company A visa and show new company B I797 petition at port of entry and start working for new company B in USA?

            Comment


            • #7
              Originally posted by csabbavarpu View Post
              Hi, I got H1B approval and Visa stamped in Feb 2012 thru company A from India. As company A is not having any project i do not have opportunity to visit USA. Can i try for H1B transfer to company B while i am in india.
              --Yes, another company can file a cap-exempt petition for you.
              1.Can i travel with Old company A visa and visit USA? Or do i need to go for visa stamping again for company B in india? Will there be any port of entry issues?
              -- You can use the same Visa, but you will need new company's approval notice to travel to US.
              2. If i come old company A visa and show new company B I797 petition at port of entry and start working for new company B in USA?
              --Yes, you will have to do that.
              See above.
              This is my opinion and not legal advice.

              Comment

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