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H1 Transfer Query - While in India

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  • H1 Transfer Query - While in India

    My Case:
    I have currently H1 Stamped from employer A and currently in India. Since Employer A currently doesn't have work for me so he is not calling me to US due to taxes and all. But, I have another employer B who is willing to transfer my H1.
    Can I travel US on my current H1 from Employer A without informing him? and than I can transfer my H1 once I am in US?

    Please let me know guys as I am confused as my new Employer B is saying that I need to be present in US and my old Employer A who filled my H1 is not allowing me to enter US without job. What to do?

  • #2
    H1 Transfer Query - While in India

    Hey Dev,

    Just wanted to know is it really mandatory to be in US for H1 transfer or is it just ur employer B's requirement.

    I might end up in the same state as u r now. Can you please share how did u handle this ?

    Thanks,
    Aadi

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    • #3
      hi

      Its not mandatory for company B, but I personally want to do this process while I am in US. As you know it can skip the stamping part for company B.

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      • #4
        [QUOTE=Dev Lankapati;375010]My Case:
        I have currently H1 Stamped from employer A and currently in India. Since Employer A currently doesn't have work for me so he is not calling me to US due to taxes and all. But, I have another employer B who is willing to transfer my H1.
        Can I travel US on my current H1 from Employer A without informing him? and than I can transfer my H1 once I am in US?

        Please let me know guys as I am confused as my new Employer B is saying that I need to be present in US and my old Employer A who filled my H1 is not allowing me to enter US without job. What to do?[/QU]

        Company B has to file for transfer & after approval you can travel.you can travel to US with Company A petition & visa but in POE if they call up company A & check & if they don't support you then you will be deported back.
        Either you ask help from Company A or ask B to file for transfer while in India..

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        • #5
          hi

          Yes. you are right. That's why I am convincing my Employer A, to let me come there 1st and within 15days time-frame I will do transfer. But, can the transfer be possible without any paystub? I mean there shouldn't be any problem?

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          • #6
            You would be out of status and transfer would not be possible to B if you are not working for A and not getting paid by them after landing on A's petition.

            The safest way would be to ask B to file their own cap exempt H1 in premium and once it is approved to travel with valid visa (even if it has A's name on it) along with the approved petition of B. Why is B not willing to file petition for you?

            This is my opinion not legal advice.

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