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H1 transfer while in India

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  • H1 transfer while in India

    Please advise for following case -
    The person was working in USA on H1B with company A for 5 years. After that came back to India and joined company B, 3 years back. Now is it possible to transfer the previous H1 for remaining 1 year to company B while in India?

    If yes, can the person apply for GC under EB1 once land in US (considering the managerial position).

    Thanks in advance.

  • #2
    Originally posted by sippy070 View Post
    Please advise for following case -
    The person was working in USA on H1B with company A for 5 years. After that came back to India and joined company B, 3 years back. Now is it possible to transfer the previous H1 for remaining 1 year to company B while in India?

    If yes, can the person apply for GC under EB1 once land in US (considering the managerial position).

    Thanks in advance.
    Yes it could be possible.

    As for GC if the person was playing executive role while in India for at least 1 ear, and the company has a executive role in US, it could be possible to file under EB1.

    This is my opinion not legal advice.

    Comment


    • #3
      Thank you for the quick response.

      Followup question - can the transfer be filed in premium mode from India? I checked with company HR and though it is not sure whether they are aware of such an option but told that such cases take long time.
      Any inputs for probable period as a general case is appreciated.

      Once again thanks in advance.

      Comment


      • #4
        Yes it is possible to file the "transfer" in premium.

        As for HR, saying it takes time, they know that you have only 1 Year remaining on that H1, further, you are also seeking GC commitment from them that too in EB1 category which is not the easiest to get. So unless you are super critical to their requirement they may not be very inclined to do all the paperwork.

        This is my opinion not legal advice.

        Comment


        • #5
          Thanks again.
          The inputs are very helpful for me.

          Comment

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