H1B transfer query

[dummrocks]

Dear all,

I've recently got a H1B Visa from my company with a validity till 2016. Now, I am planning to switch to another company. Will the H1B visa I received from my company be invalid once I switch to another company? Or Will I have an option to transfer my Visa to my new employer? The employers I am discussing about are Indian. I am working in India and I didn't work in the US earlier.

One of my seniors working in US has suggested me to come over to US through the current employer and then switch to another organization. But, I've got to hear different views from different people.

Please advise.

Thanking you,
Hari.

[Nattybone]

Dear all,

I've recently got a H1B Visa from my company with a validity till 2016. Now, I am planning to switch to another company. Will the H1B visa I received from my company be invalid once I switch to another company? Or Will I have an option to transfer my Visa to my new employer? The employers I am discussing about are Indian. I am working in India and I didn't work in the US earlier.

One of my seniors working in US has suggested me to come over to US through the current employer and then switch to another organization. But, I've got to hear different views from different people.

Please advise.

Thanking you,
Hari.

Hello, Dummrocks.

Here are my thoughts on your queries:
As you are in India (and hopefully with H1B visa stamped on Passport), if you switch to a new employer, you can travel to the USA on the existing visa stamp of the old employer on the passport. You will need a new I797 approval from the new employer. At the port of entry, you will be asked to furnish the I797 of the place you are working at. The visa once granted to you is yours. An employer can only revoke his sponsorship, but the visa stays in the system in your name.

If you were already in USA, then you simply follow the same process. The difference being, you would be asked to provide pay stubs for the time spent with the first employer in USA. In mail, upon approval, you would receive the same I797 and the visa is transferred.

The ideal thing is to travel on the same person's visa stamp where you intend to work. But, people switch employers all the time, and i feel you can travel on the old employer's valid visa on the passport with the new employer's I797.

I hope this helps.

Wishing you luck.

Cheers,

[dummrocks]

Hello, Dummrocks.

Here are my thoughts on your queries:
As you are in India (and hopefully with H1B visa stamped on Passport), if you switch to a new employer, you can travel to the USA on the existing visa stamp of the old employer on the passport. You will need a new I797 approval from the new employer. At the port of entry, you will be asked to furnish the I797 of the place you are working at. The visa once granted to you is yours. An employer can only revoke his sponsorship, but the visa stays in the system in your name.

If you were already in USA, then you simply follow the same process. The difference being, you would be asked to provide pay stubs for the time spent with the first employer in USA. In mail, upon approval, you would receive the same I797 and the visa is transferred.

The ideal thing is to travel on the same person's visa stamp where you intend to work. But, people switch employers all the time, and i feel you can travel on the old employer's valid visa on the passport with the new employer's I797.

I hope this helps.

Wishing you luck.

Cheers,

Hello Nattybone,

Thanks a lot for the reply. This surely has given me some more insight into the process. I hope, by saying "The ideal thing is to travel on the same person's visa stamp where you intend to work. ", you meant travelling with the existing visa stamp of the old employer.

Thanks again,

Hari.

[Nattybone]

Hello Nattybone,

Thanks a lot for the reply. This surely has given me some more insight into the process. I hope, by saying "The ideal thing is to travel on the same person's visa stamp where you intend to work. ", you meant travelling with the existing visa stamp of the old employer.

Thanks again,

Hari.

Hello, Hari.

I am sorry. Yes. The ideal thing is to travel on the same company's visa where you intend to work. But, people do change their employer after getting the visa stamped while still being in India. What they need is the new I797 from the next employer and they are good to travel on the 'earlier employers'' visa stamp and new employer's I797.

I hope this helps.

Wishing you luck.

Cheers,

[kadkhiq81]

H1B transfer query

You can travel with the new petition and existing visa provided that the visa on your passport has not expired during the travel.

This is my opinion.