H1b Transfer fail

[mr.kalim]

Hello,

I need experts suggestion on H1b Transfer.

I have applied my H1b in the year 2014 and got visa in Jan 2015. Because of some personal reason i didn't travel to USA. Now i have resigned to my indian company and will leave within 25 days. while i am india i have got another offer from another company who offered me job in USA. They will initiate the premium transfer of H1b.

My question is
- What is the chance of H1b transfer rejection?
- Can i join my previous employer if Transfer fails?

Note: I am in india and never traveled to USA.

Please confirm.

Thanks!

[shervin143]

- What is the chance of H1b transfer rejection?
>>> Do not ask for prediction in forum. It depends on the documents that your new employer files.

- Can i join my previous employer if Transfer fails?
>>> In India or or in U.S? To join them in U.S, your petition need to be valid (employer may revoke the petition after you quit). H1B transfer has no restriction on re-joining them back in India.

[mr.kalim]

- What is the chance of H1b transfer rejection?
>>> Do not ask for prediction in forum. It depends on the documents that your new employer files.

- Can i join my previous employer if Transfer fails?
>>> In India or or in U.S? To join them in U.S, your petition need to be valid (employer may revoke the petition after you quit). H1B transfer has no restriction on re-joining them back in India.

I am to say the employer who filled my petition. I have never traveled to USA. New employer (Xyz ltd) will file H1b transfer in USA while i am in india. So once New employer (Xyz ltd) get the approval they will send the petition file to me through courier from USA. In case if transfer fails, will i be able to join employer who filed my petition?

How will Employer who filled H1b come to know my transfer process until i inform them..

[shervin143]

I am to say the employer who filled my petition. I have never traveled to USA. New employer (Xyz ltd) will file H1b transfer in USA while i am in india. So once New employer (Xyz ltd) get the approval they will send the petition file to me through courier from USA. In case if transfer fails, will i be able to join employer who filed my petition?
>>> You can do whatever you want in India irrespective of whether the transfer is approved or not. To travel to U.S and work for the employer in U.S, you will need a valid H1B petition from that employer and valid H1B visa in the passport. If the transfer fails, you can go back to the previous employer and travel using their petition as long as their petition is valid at that time.

How will Employer who filled H1b come to know my transfer process until i inform them.
>>> They will not know until you inform them. But if you quit them, then they can revoke the petition.