H1B Transfer Queries.

[satish1106]

Hello Forum,

Good Evening.

I am currently working with Company A and worked in US between October 2012 and July 2014. If i quit this company and join another company B, I have the following questions:

Visa Validity: September 2012 to September 2015.
Visa: Self- H1b. Spouse - H4

1. Should i have to Initiate the H1b/H4 Transfer?
2. Should the Company B has to initiate the H1b/H4 transfer?
3. Can the Company A revoke my H1B/H4?
4. Is the H1b/H4 still valid if the transfer is not made and i quit company A?
5. Processing time for H1 Transfer in india.
6. If they revoke or my current H1b goes invalid. Would i be counted in the Yearly CAP/LOT or exempted.

Advance thanks for the guidance.

[raghvi]

Hello Forum,

Good Evening.

I am currently working with Company A and worked in US between October 2012 and July 2014. If i quit this company and join another company B, I have the following questions:

Visa Validity: September 2012 to September 2015.
Visa: Self- H1b. Spouse - H4

1. Should i have to Initiate the H1b/H4 Transfer?
2. Should the Company B has to initiate the H1b/H4 transfer?
3. Can the Company A revoke my H1B/H4?
4. Is the H1b/H4 still valid if the transfer is not made and i quit company A?
5. Processing time for H1 Transfer in india.
6. If they revoke or my current H1b goes invalid. Would i be counted in the Yearly CAP/LOT or exempted.

Advance thanks for the guidance.

1. Your employer B would initiate their own cap exempt H1 petition on the basis of A's petition. For H4 no action required as such till visa expiry.
2. Yes for H1 they have to file cap exempt petition.
3. Yes, but it should not impact you as you would still be cap exempt.
4. They would be valid, but you cannot use them to travel unless you have a corresponding petition and employment to go with it. H1 is valid in US only if you have a corresponding job and approved petition.
5. 2-4 weeks premium, 2-4 months normal processing.
6. As mentioned, even if A revokes, you would still be cap exempt.

This is my opinion not legal advice.