H1 Transfer from India

[ukeerthi]

Hello Experts,

I recently got H1b visa stamped from Company A in US and i got a good offer from Company B in india , now i dont want to miss this Offer with Company B. Below are Q's

1. How should i ask Company B to get my Valid visa transferred?. is it fine to ask before joining them.
2. Is it mandate that for Company B should have a position opened in US for H1 Transfer ?.
3. My Visa is valid till Jan-2015 , how quick should i be in doing this procedure?.
4. My current Company notice period is 3 months and serving currently, So if Company B accepts the proposal, Can i start the VISA transfer?.
5. Will there be any issue with VISA Extension process as visa is valid till Jan-15 ?.
6. Should i need to be in US if VISA is transferred to Company B?.
7. Can i Work in India for Company B even if transferred VISA is still there?. Will this affect Green Card process?.
8 .Should i be intimating Company A about VISA Transfer?.
9. Is there a chance of Company A not allowing for VISA Transfer?.
10. Should i need to pay Company A for Transfer?.
11. Is it Mandate that i should stay in US if i have Valid H1 Visa?.if it is then How Long?.

[raghvi]

Hello Experts,

I recently got H1b visa stamped from Company A in US and i got a good offer from Company B in india , now i dont want to miss this Offer with Company B. Below are Q's

1. How should i ask Company B to get my Valid visa transferred?. is it fine to ask before joining them.
2. Is it mandate that for Company B should have a position opened in US for H1 Transfer ?.
3. My Visa is valid till Jan-2015 , how quick should i be in doing this procedure?.
4. My current Company notice period is 3 months and serving currently, So if Company B accepts the proposal, Can i start the VISA transfer?.
5. Will there be any issue with VISA Extension process as visa is valid till Jan-15 ?.
6. Should i need to be in US if VISA is transferred to Company B?.
7. Can i Work in India for Company B even if transferred VISA is still there?. Will this affect Green Card process?.
8 .Should i be intimating Company A about VISA Transfer?.
9. Is there a chance of Company A not allowing for VISA Transfer?.
10. Should i need to pay Company A for Transfer?.
11. Is it Mandate that i should stay in US if i have Valid H1 Visa?.if it is then How Long?.

1. You can provide them the H1 approval notice and they should be able to initiate a cap exempt H1 petition of their own. It is fine to do so.
2. Technically yes, Company B needs to have their own petition and that petition has to have a genuine opening in US.
3. Technically one becomes cap exempt 6 Year from the Year one was Cap Counted. But if you wish to avoid visa stamping then much before Jan 2015. Once current visa expires you would have to again go for stamping.
4. Yes.
5. I dont see any issues. As long as genuine work is there.
6. Not mandatory.
7. Yes to First Part NO to second part.
8. Not unless you wish to.
9. They cannot do so , they may ask you to pay for the same if you signed anything to such.
10. It depends if you signed up for something like that. You would have to see internal company policy for that.
11. No its not mandatory.

This is my opinion not legal advice.