H1B Visa Transfer

[saaj_1986]

Hi

I currently work with the employer 'X' and have an approved H1B Visa & LCA for the location Y. However the opportunity that I had is no longer available and I am stuck with my travel. My current VISA is stamped until 2016 July. I have not traveled to US under this VISA yet and my stamped VISA in the passport have the employer name 'X' mentioned in it.


I would like to check my options on finding an employment in USA. Could you please guide me on the below queries.


1. Can I find a new employer in USA and work under my current H1B VISA. Should i ask my new employer to file an H1B transfer in that case or are there any other things to be done since I have never traveled to US.

2. What is the timeline for such a transfer if the new employer is ready to perform that.

3. Will I have to go for stamping again if I am applying an H1B transfer?

4. Are there any changes required in my Passport if I am doing an H1B transfer and before I travel to US?

5. What are the changes required for my dependant [H4] in the case of applying an H1B transfer.


Looking forward for the updates.


Thank You

[raghvi]

Hi

I currently work with the employer 'X' and have an approved H1B Visa & LCA for the location Y. However the opportunity that I had is no longer available and I am stuck with my travel. My current VISA is stamped until 2016 July. I have not traveled to US under this VISA yet and my stamped VISA in the passport have the employer name 'X' mentioned in it.


I would like to check my options on finding an employment in USA. Could you please guide me on the below queries.


1. Can I find a new employer in USA and work under my current H1B VISA. Should i ask my new employer to file an H1B transfer in that case or are there any other things to be done since I have never traveled to US.

2. What is the timeline for such a transfer if the new employer is ready to perform that.

3. Will I have to go for stamping again if I am applying an H1B transfer?

4. Are there any changes required in my Passport if I am doing an H1B transfer and before I travel to US?

5. What are the changes required for my dependant [H4] in the case of applying an H1B transfer.


Looking forward for the updates.


Thank You

1. Technically there is nothing called H1B transfer. Another employer would file a cap exempt H1 petition, if that is approved they would get a I797. You can travel using that petition.
2. This has to happen within 6 Years of current approval, assuming your H1 was applied in April 2013, then you would be cap exempt till 2019.
3. Not necessary till 2016.
4. No.
5. No.

This is my opinion not legal advice.