H1 Transfer questions

[iyer_rajan]

Hi ,

Currently i am working for Company A with whom i hold H1 visa and presently located in india. Now another company B has offered me and willing to transfer my petition once i start working with them in india, But my company A will revoke my petition if i quit the organisation. Here are my questions

1. how can i transfer the petition from company A to Company B without A revoking the petition?
2. Is it mandatory for me to be on company B payrolls to transfer H1 petition while in india?
3. What would be the max time frame if i do premium H1 Transfer?

Thanks,
Rajan

[raghvi]

Hi ,

Currently i am working for Company A with whom i hold H1 visa and presently located in india. Now another company B has offered me and willing to transfer my petition once i start working with them in india, But my company A will revoke my petition if i quit the organisation. Here are my questions

1. how can i transfer the petition from company A to Company B without A revoking the petition?
2. Is it mandatory for me to be on company B payrolls to transfer H1 petition while in india?
3. What would be the max time frame if i do premium H1 Transfer?

Thanks,
Rajan

1. Technically there is nothing called a transfer. Each employer files their own petition. So even if A revokes the petition it doesnt matter. For filing a cap exempt petition B needs the the approved petition copy of A because that original petition proves you were cap counted.
2. No.
3. 3-5 Weeks if no RFE.

This is my opinion not legal advice.