H1 visa transfer while in india

[ghadiy]

I travelled to US on My H1 B visa in the year 2011 through Company A. I worked for one and half year and returned to India. While coming back, I initiated my H1 Visa transfer through company B. Got approval and stamped (valid till June 2016) the Visa through Company B in India. As Company B not able to provide suitable positions, I am not willing to travel and work through Company B. I am currently in India and planning to take up some MNC job. My Questions are:

Question 1) Can I transfer my H1 to New MNC from India and can I travel with old stamping (Company B)..?

Question 2) Do we need any support from Company B?

Regards.

[raghvi]

I travelled to US on My H1 B visa in the year 2011 through Company A. I worked for one and half year and returned to India. While coming back, I initiated my H1 Visa transfer through company B. Got approval and stamped (valid till June 2016) the Visa through Company B in India. As Company B not able to provide suitable positions, I am not willing to travel and work through Company B. I am currently in India and planning to take up some MNC job. My Questions are:

Question 1) Can I transfer my H1 to New MNC from India and can I travel with old stamping (Company B)..?

Question 2) Do we need any support from Company B?

Regards.

1. The way transfer works is that the new Company would apply a Cap exempt H1 petition (by submitting the documents and referring to your earlier approved H1 petition), once USCIS approves the same, it will issue a new I797. You can travel into US with the new I797 but on the old Visa no need to go for new stamping till 2016.
2. generally large companies would want to see copies of all the previous I797 approval notices, but I assume you already have it as you already went for stamping. Technically no need to inform B.

This is my opinion not legal advice.