H1B transfer within Indian Employers

[yousufmayana]

Hi I am currently have H1B with Employer 'A', but not got a chance to travel. Can I change to Employer 'B' within India?
What if the Employer 'B' is not ready to transfer H1B, Will it get expired?
Or it can be transferred at a later stage when there is a requirement with Employer 'B'?
Please help in this regards.

[raghvi]

Hi I am currently have H1B with Employer 'A', but not got a chance to travel. Can I change to Employer 'B' within India?
What if the Employer 'B' is not ready to transfer H1B, Will it get expired?
Or it can be transferred at a later stage when there is a requirement with Employer 'B'?
Please help in this regards.

Without dates question is incomplete. Till when is the visa valid? When was the petition filed? Till when is the petition valid?

[yousufmayana]

Hi,
H1B was filed last year 2013, it is valid upto Nov-2016.

[raghvi]

Any employer can file a cap exempt h1 petition for you till 2019. So to answer to your question if B is not ready to transfer then you cannot do much, find another employer C or D or E....etc to do so . It has to be activated and traveled upon within 6 Years otherwise it will be wasted.

This is my opinion not legal advice.

[yousufmayana]

Hi Raghvi,
Thanks for your quick response.
What if Employer 'B' want to transfer H1B at later stage but not now immediately?
What will happen to my H1B petition if I want to leave Employer 'A' and take a break to find an another Employer who can take up H1B transfer. Can Employer 'A' cancel my H1B?

[raghvi]

Hi Raghvi,
Thanks for your quick response.
What if Employer 'B' want to transfer H1B at later stage but not now immediately?
What will happen to my H1B petition if I want to leave Employer 'A' and take a break to find an another Employer who can take up H1B transfer. Can Employer 'A' cancel my H1B?

Employer A can only cancel their own petition they cannot take away the fact that you are already cap counted and hence cap exempt for the next 6 Years from initial cap counted year.

You can always take the approved A's petition (even if cancelled) and give it to B/C/D/E etc etc and they can in turn use it within next 6 Years of initial Cap to file their own H1 petition and prove to USCIS that you are cap exempt by showing A's petition (even if cancelled).

A's petition copy is only required to establish the fact that you indeed are cap counted, it doesnt matter if it is cancelled, so do make sure you keep a copy of it.

This is my opinion not legal advice.

[LSK]

Hi yousufmayana,

Were you able to transfer the H1B , I am in a situation similar to yours never traveled and want to change.

Please help.