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H1B transfer using just the receipt number while staying in US on H4 currently

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  • H1B transfer using just the receipt number while staying in US on H4 currently

    Hi All,

    Let me explain my scenario:

    1. I am currently in the US on H4 visa. The visa got expired and extension has been filed for already.
    2. Also, my company in my home country has also filed a H1B this year and now all depends on the lottery.

    Now being optimistic, suppose my petition gets approved then I request you to please advise me on the below:

    1. Can a potential employer file a petition transfer from US only with only the receipt number I have or I need to go back to my home country at any case and then get the H1B stamped with the employer to come back.
    2. If the petition transfer is possible while staying in the US only then do I need to wait till October 2014 or it can be done anytime once the petition is approved.

    From the past threads in this forum I came to know it is quite possible to get petition transferred with the receipt notice but in my case I am already in the US so needed some advise.

    Thanks

  • #2
    When is the H4 I 94 expiring ?

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    • #3
      Originally posted by raghvi View Post
      When is the H4 I 94 expiring ?
      My I-94 for H4 expired on March 24, 2014 and an extension has been filed on March 11th itself.

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      • #4
        Originally posted by axm View Post
        My I-94 for H4 expired on March 24, 2014 and an extension has been filed on March 11th itself.
        I am assuming your intention is to avoid travel outside US for H1 stamping this wouldn't be possible, without first securing H4 extension approval. Once that approval is got the current employer can file amendment to H1(if approved) to convert from consular to Change of Status . OR any other employer can file for a Cap Exempt H1 as a COS.

        1. If you want to "transfer" from current employer to another one, its recommended to have the approval notice but sometimes receipt number is enough. Mostly genuine large companies would want to have the approval notice to initiate a transfer.
        2. Amendment through existing employer OR transfer to another employer can be filed before Oct 2014 as soon as approval has come, but the employment can start only on or after 01-Oct-2014.

        This is my opinion not legal advice.

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