H1b transfer from india

[mr.kalim]

Hello Experts,

I need Experts suggession.I have applied my H1b in the year 2014 and got visa in Jan 2015.Because of some personal issue i didnt leave for USA. Now i have resigned to my indian company and will leave within 40 days. this company has offered me 65k and location is not yet decided.

I have got one more offer from another company.They have offered me 80k in new jersey. Problem is i have to first join them in new jersey and after that they will start Visa transfer.

Can't they start transfer while i am in india? What is the chance of H1b transfer rejection?

What would be your suggession for this?

Thanks in advance.

[shervin143]

Looks like your new employer is a shady consultancy company. Stay away from companies like these. You cannot join them before they can file the H1B transfer and the transfer gets approved. Since you are outside U.S now, you cannot travel to U.S using existing employer's petition to work for a different employer. Your new employer need to file the transfer first. Once the transfer gets approved, you can travel to U.S using the newly approved petition and the existing H1B visa in the passport (No need to go for H1B stamping again if the H1B visa in the passport is valid on the date of travel even if it has your previous employer's name on the visa) to work for the new employer.

[mr.kalim]

Looks like your new employer is a shady consultancy company. Stay away from companies like these. You cannot join them before they can file the H1B transfer and the transfer gets approved. Since you are outside U.S now, you cannot travel to U.S using existing employer's petition to work for a different employer. Your new employer need to file the transfer first. Once the transfer gets approved, you can travel to U.S using the newly approved petition and the existing H1B visa in the passport (No need to go for H1B stamping again if the H1B visa in the passport is valid on the date of travel even if it has your previous employer's name on the visa) to work for the new employer.

Hello,

Thanks for your reply. As per your suggestion i should join first employer who filled H1b for me. As per the new employer i can join them even if H1b is not transferred. They will initiate transfer process once i join them. They say it is legal and won't take much time.

What is the chance of H1b transfer rejection? will 65000$ be enough for single person? How much i would be able to save?

Thanks!

[mr.kalim]

H1b transfer from india

Looks like your new employer is a shady consultancy company. Stay away from companies like these. You cannot join them before they can file the H1B transfer and the transfer gets approved. Since you are outside U.S now, you cannot travel to U.S using existing employer's petition to work for a different employer. Your new employer need to file the transfer first. Once the transfer gets approved, you can travel to U.S using the newly approved petition and the existing H1B visa in the passport (No need to go for H1B stamping again if the H1B visa in the passport is valid on the date of travel even if it has your previous employer's name on the visa) to work for the new employer.

Thanks for your quick reply. So as per your suggestion i should join the first company. As per the company i can join them without transfer and i they will initiate transfer once i will join them. as per the company It is legal.

What is the chance of rejection of H1b transfer? Is there any legal bond in USA? My company is going to sign contract with me. Company who filled H1b offering me 65000$. Is this good salary for single person? How much i would be able to save?

Thanks!