H1B Visa Transfer

[shaina]

I am on H4 in US ,and H1B is filed for this year.
H1 was filed before, I entered US on H4 and it is under RFE Status.(Submitted all documents required for RFE)
1.Can it be transferred to new employer once I get the approval before or after October 1 only with receipt number approval.
2.Do we need payslip to transfer,I do not have as I was on leave from my current employer.
3.Should I go back to India and stay for 3 months to get 3 payslips.
4.Can I go back to India and still come back on H4(valid till Oct 2014) even if H1B is approved.
5.If I get my Visa Stamped with existing employer,can I then also transfer my visa to new employer

[kabkaba]

I am on H4 in US ,and H1B is filed for this year.
H1 was filed before, I entered US on H4 and it is under RFE Status.(Submitted all documents required for RFE)
1.Can it be transferred to new employer once I get the approval before or after October 1 only with receipt number approval. --Yes
2.Do we need payslip to transfer,I do not have as I was on leave from my current employer. -- No
3.Should I go back to India and stay for 3 months to get 3 payslips. -- No need
4.Can I go back to India and still come back on H4(valid till Oct 2014) even if H1B is approved. -- Yes, but your status will be H4 and you cannot work.
5.If I get my Visa Stamped with existing employer,can I then also transfer my visa to new employer -- It makes no difference.

See above

[shaina]

See above

Thanks for the response.

Actually I dont have the reciept number,Employer is not telling as I am on leave.I think I should go back to india,get the reciept number and then put resignation.
Come back to US on H4. Then apply for H1B transfer with COS here using the reciept number.
Can this work out or there will be any immigration issues..Please suggest if there is any other option

[kabkaba]

Yes it is possible.

[logi_tech]

H1 to H4 to H1 Situation

Not to be redundant. My wife is in the following situation:

Entered the country in 2008 on h4
Started H1B 10/01/2010 (3 year h1b ending 9/30/2013)
Got laid off 06/15/2010
moved to H4 on 6/15/2010 which is valid until 9/30/2013 (extension has already been filed)
she has gotten an offer now and the immigration department of her potential employer is debating whether she can get an H1B. Any advise?

Secondly - is the cost of H4 to H1 more expensive relative to H1 to H1 transfer?

Thirdly - She has not left the country since 2010. How does that impact the entire change of status? Does that matter?

Any information is greatly appreciated.

Thanks,

Logi

[shaina]

H4 to H1B COS and transfer

I am currently on H4 since June 2013 till date in US.I am on leave from my Current Employer.My H4 is valid till Oct 2014.
My H1B was filed from my Current Employer in April 2013 and my petition is approved and I have the receipt number
I need to make decision accordingly as my leave period is ending and my current employer will expect me to join back.

Query 1:As per my understanding
If I am in USA ,I need to apply COS from H4 to H1 and H1B transfer.

If I go back to India ,I need to apply only H1B transfer
In each case what are the documents required to get an H1B transfer?

Query 2: Is H1B transfer possible:

1.When I am in USA using receipt number?
2.When I am in INDIA using receipt number?
3.When I am in India using stamped passport?

Which option do you suggest is the best to get the H1B transfer.

Query 3: As my leave is ending next week ,I was thinking of traveling back to India.
I can enter US back on H4 any time even if I have a approved H1B petition ?Will there be any documentation required?

[kadkhiq81]

H1B Visa Transfer

Your questions are not clear.

1. If you are going to stay back in the USA, and going to join back your current employer who have processed your h1b, you just have to do COS from h4 to h1, You will get new I 94 based on your approved petition. You don't have to do H1 transfer as you are not changing your employer.

2. If you go back to India and want to come back on h1, you need to have h1 stamping. If you want to come back using your h4, then your employer need to do COS once you are back here.

My suggestion would be to join your employer while you are here and initiate the COS to h1 if it is not really important to visit your home country now.

[shaina]

Your questions are not clear.

1. If you are going to stay back in the USA, and going to join back your current employer who have processed your h1b, you just have to do COS from h4 to h1, You will get new I 94 based on your approved petition. You don't have to do H1 transfer as you are not changing your employer.

2. If you go back to India and want to come back on h1, you need to have h1 stamping. If you want to come back using your h4, then your employer need to do COS once you are back here.

My suggestion would be to join your employer while you are here and initiate the COS to h1 if it is not really important to visit your home country now.

Hi kadkhiq81
Thanks for the response.
I do not want to join my current employer who has sponsered the VISA.
I want to find a new employer who can transfer my VISA
In that case can you please answer my queries

[kadkhiq81]

H1B Visa Transfer

Ok,

1. H1B transfer is possible if you have a receipt number but new employer would prefer to have the approved petition. Check with your new employer.

2. Once your transfer petition is approved, You can go for a new h1 stamping, if that approved, You can travel using that and can start working once after you reaches here. Otherwise, you can use your h4 visa to travel back though you have your approved petition and then can initiate COS after that. But It will add up additional money to your employer.

Hope this helps!!