H1B Transfer in India

[Sravanreddyg]

I am sure same question asked million times. I searched through forums but unable to get the answer as of now. Please help.


I am working for ABC company w**h H1B. I am planning to resign from the present company. But as part of the contract, i have to travel back to India. Then only i can resign from the present company. I have stamping till Sep-2016 from ABC company. I am planning to have H1B transfer w**h another company from India. Is ** possible for me to have the transfer from india. What kind of challenges i will face. Do i need to go for Stamping again? Please guide me.

[raghvi]

I am sure same question asked million times. I searched through forums but unable to get the answer as of now. Please help.


I am working for ABC company w**h H1B. I am planning to resign from the present company. But as part of the contract, i have to travel back to India. Then only i can resign from the present company. I have stamping till Sep-2016 from ABC company. I am planning to have H1B transfer w**h another company from India. Is ** possible for me to have the transfer from india. What kind of challenges i will face. Do i need to go for Stamping again? Please guide me.

You wouldnt get an exact answer online as every case is different.

Technically there is nothing called a "transfer" Visas are not owned by company (even if it might have their name on it). And every employer has to have their own petition. Since you are already cap counted in last 6 Years, you need not go through a new cap as long as time is remaining on your H1. What the next employer would have to do is file a cap exempt petition, and once that is approved you can travel using existing visa and new I797. Though advisable, you need not go for fresh stamping. Few challenges I see:

1. Convincing a future employer to invest in filing a cap exempt petition for you while you are not in US.
2. Convincing USCIS that the new employer has adequate work for you, as many a times "consultancies" cannot provide end client contracts/letters to show genuine work.
3. Under no circumstance should you hand over your passport to ABC company, if they ask for it, as they may want to cancel the visa stamp on it.

This is my opinion not legal advice.