H1B Transfer

[preeti_M]

Hi

Queries around H1B transfer

1. I have H1B Visa with Current employer A which is valid till Oct 1 - 2013

2. I have traveled on same visa to US for 2 months. Now I am back in india, Can this visa transferred in India from current Employer A to New Employer B

3. Another query - Can this visa transferred after it expired. i.e after Oct 1 - 2013.

4. Can I travel to US and search for Job without notifying my current employer before Visa Expires.

Any help around above queries would be great help.

Thanks a lot in advance.

[raghvi]

Hi

Queries around H1B transfer

1. I have H1B Visa with Current employer A which is valid till Oct 1 - 2013

2. I have traveled on same visa to US for 2 months. Now I am back in india, Can this visa transferred in India from current Employer A to New Employer B

3. Another query - Can this visa transferred after it expired. i.e after Oct 1 - 2013.

4. Can I travel to US and search for Job without notifying my current employer before Visa Expires.

Any help around above queries would be great help.

Thanks a lot in advance.

When was the H1 filed initially? As long as 6 years havent been utilized and its not been 6 years that the petition was orginally approved , yes it would be possible for another company to port it.
2. Yes if above condition is fulfilled.
3. Yes if above condition is fulfilled.
4. On what visa are you going to enter US? H1? What job offer/requirement are you going to tell the immigration officer at the POE. What if they verify your statements by calling the employer/client? I wouldnt recommend trying that as it amounts to fraud and you can be deported and face severe consequences later on.

It would be better that you first find an employer who has an opportunity for you in US. Ask the new employer to get an approved petition by porting your current H1 and requesting an immediate start date. Once the petition is approved you can travel with the approved petition with current visa as long as you get this transfer completed before 01-Oct-2013. After 01-Oct-2013 you would need to go for fresh H1 stamping.


This is my opinion not legal advice.