H1B Visa (NOT STAMPED) transfer while in INDIA

[mr.somnathsinha]

Hi All,

I have a Approved H1B petition (i797) from employer X, but the visa is not yet stamped. I never traveled US before. I got an offer from company Y who is willing to file a transfer.

Questions...

1) Is it possible to do the transfer when the visa is NOT STAMPED and i am in INDIA???? (I have seen in the forum, its ok for stamped ones, but is it same for not stamped petitions as well????)

2) Could the new petition from the new employer be rejected?

3) Can my current employer revoke the petition?

4) Approximately how long it might take for the transfer and then get the visa stamped if it is PREMIUM PROCESSING????

Thanks in Advance.

Regards
Som.

[raghvi]

Hi All,

I have a Approved H1B petition (i797) from employer X, but the visa is not yet stamped. I never traveled US before. I got an offer from company Y who is willing to file a transfer.

Questions...

1) Is it possible to do the transfer when the visa is NOT STAMPED and i am in INDIA???? (I have seen in the forum, its ok for stamped ones, but is it same for not stamped petitions as well????)

2) Could the new petition from the new employer be rejected?

3) Can my current employer revoke the petition?

4) Approximately how long it might take for the transfer and then get the visa stamped if it is PREMIUM PROCESSING????

Thanks in Advance.

Regards
Som.

1. Yes if you were cap counted in last 6 Years. Technically there is no "transfer" any new employer can file a cap exempt petition as you are already cap counted. Once that petition is approved, you can attend the visa stamping interview for the new employer.
2. Yes, it depends upon the new employer's ability to provide genuine H1 work as well to pay you.
3. It doesnt matter even if they do as you are already cap counted.
4. 3-4 Weeks in Premium, 3-4 Months in normal processing without RFE.

This is my opinion not legal advice.

[mr.somnathsinha]

thank you Raghvi

1. Yes if you were cap counted in last 6 Years. Technically there is no "transfer" any new employer can file a cap exempt petition as you are already cap counted. Once that petition is approved, you can attend the visa stamping interview for the new employer.
2. Yes, it depends upon the new employer's ability to provide genuine H1 work as well to pay you.
3. It doesnt matter even if they do as you are already cap counted.
4. 3-4 Weeks in Premium, 3-4 Months in normal processing without RFE.

This is my opinion not legal advice.

Thank you sooo much.

only one doubt... for point 2... say its real work (i mean nothing **** or only in document) and the company is paying as per h1b standards, still is there a risk of getting the petition rejected????

and one more thing if i am traveling in h1b for very short time period 2-3 months then it should be US salary or company may pay me only some extra allowance and i will keep on drawing my Indian salary?

thanks
Som.

[kadkhiq81]

H1B Visa (NOT STAMPED) transfer while in INDIA

No one would predict whether your petition get approve or not. If you provide all the requirements truly, You could expect result out of it. Remember it's all purely depend on case to case.

This is my opinion

[mr.somnathsinha]

H1B Salary

No one would predict whether your petition get approve or not. If you provide all the requirements truly, You could expect result out of it. Remember it's all purely depend on case to case.

This is my opinion

Thanks Kadkhiq. Do you have any idea about the salary? if i am traveling in h1b for very short time period (2-3 months) then it should be US salary or company may pay me only some extra allowance and i will keep on drawing my Indian salary?

regards,
Som.

[kadkhiq81]

H1B Visa (NOT STAMPED) transfer while in INDIA

Hope, this is not an immigration question and you need to check with your employer policy.

[raghvi]

Hope, this is not an immigration question and you need to check with your employer policy.

On H1 you need to be paid US salary, as per LCA. If they want to give extra allowance above this in home country it is their call.

This is my opinion not legal advice.

[mr.somnathsinha]

Thank you All

On H1 you need to be paid US salary, as per LCA. If they want to give extra allowance above this in home country it is their call.

This is my opinion not legal advice.

Thank you raghvi, kadkhiq. Your opinions helped me a lot.