Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

US Offer / H1-B Transfer Process From US and India

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • US Offer / H1-B Transfer Process From US and India

    Hi Guys,

    I am working for a India based company X and from them I am in US working for a client Y from last 6 months.My H1-B stamping is valid till jun-2017.

    My project is over now and my company has asked me to go back to India and continue work from there.I have a offer from a US based
    company but they have not yet initiated the H1-B transfer process as they said this process will take time, as first they will start the
    background check and then start the H1-B transfer.

    So my question is -
    1. After getting the offer from a US based company can I go back to India and start my H1-B transfer from there , is this possible ?
    2. Does this mean once I go to India will not do H1-B transfer and will not work for this US based company.

    Friends please let me know what should I do in this case , what are my possible options.

    Regards
    XYZ

  • #2
    Yes, they can file their petition even if you are in India. After petition is approved, you can use the same existing Visa in your passport and new petition to travel to US and work for this new employer.

    If they file the petition while you are in the US and still working, you can start working for them immediately without leaving the US.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Yes, they can file their petition even if you are in India. After petition is approved, you can use the same existing Visa in your passport and new petition to travel to US and work for this new employer.

      If they file the petition while you are in the US and still working, you can start working for them immediately without leaving the US.

      Thanks for the advice , some of my friends where telling me that if I go back to India after getting the offer then there are no possibility that the US company will file the transfer from there.As you will not have any salary slip and H1B transfer from India will be difficult.Please reply and suggest.

      Regards
      Sunil

      Comment


      • #4
        Of course you will have to negotiate this clearly with the company. They have to agree that you will not be able to join them immediately. Paystubs are only required for the period you are in the US and if you are outside at the time of filing, then petition will be filed as consular processing.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          Of course you will have to negotiate this clearly with the company. They have to agree that you will not be able to join them immediately. Paystubs are only required for the period you are in the US and if you are outside at the time of filing, then petition will be filed as consular processing.
          Any idea how much time the consular processing take ??

          Regards
          Sunil

          Comment


          • #6
            Same as change/extension of status + Visa application and travel time
            This is my opinion and not legal advice.

            Comment


            • #7
              Originally posted by kabkaba View Post
              Same as change/extension of status + Visa application and travel time
              In google I read that Consular-Process takes around 5 months to an year ???? , do you have any idea on this.

              Regards
              Sunil

              Comment


              • #8
                It depends upon case to case, the 5 Month to 1 Year you may be referring to would be for cases where employee employer relation is not clearly established or USCIS has sought additional documentation to prove Employment/Project/Employee credential etc. If these are in order I dont see why the whole process, right from LCA filing to petition approval take more than a Month if done in premium processing.

                This is my opinion not legal advice.

                Comment


                • #9
                  Originally posted by raghvi View Post
                  It depends upon case to case, the 5 Month to 1 Year you may be referring to would be for cases where employee employer relation is not clearly established or USCIS has sought additional documentation to prove Employment/Project/Employee credential etc. If these are in order I dont see why the whole process, right from LCA filing to petition approval take more than a Month if done in premium processing.

                  This is my opinion not legal advice.
                  This means Consular-Process can also be done in premium process.
                  What will happen if they file the LCA when I am here in US and in between the document submission for my H1-B petition I have to travel back to India.
                  As current situation is like that I don't know whether I am having 1 or 2 more week in US.

                  Regards
                  Sunil

                  Comment


                  • #10
                    Originally posted by Sunil.mittal198 View Post
                    This means Consular-Process can also be done in premium process.
                    What will happen if they file the LCA when I am here in US and in between the document submission for my H1-B petition I have to travel back to India.
                    As current situation is like that I don't know whether I am having 1 or 2 more week in US.

                    Regards
                    Sunil
                    Yes, a H1 petition in itself can be filed in premium be it consular or extension or transfer.

                    I don't understand the exact question you trying to ask. If they file it is as consular process, and you travel out side US, the approved petition would have to be mailed to you when you are outside US and using that you can either go for stamping again to get a new visa or re enter on the existing visa by showing the new petition. If they file it as consular process and it is approved while you are in US then also you would have to travel outside US and re enter showing the H1 petition in order to work for them. Now , whether they would do mail the approved petition to you while you are outside US would have to be upfront negotiated with them as highlighted by Kabkaba.

                    The only circumstance in which you would not have to leave US is if they file H1 as non consular and the approval I797 along with a new I94 is received before your last working day with current employer in US both of which do not seem to be in your control currently.

                    This is my opinion not legal advice.

                    Comment


                    • #11
                      Originally posted by raghvi View Post
                      Yes, a H1 petition in itself can be filed in premium be it consular or extension or transfer.

                      I don't understand the exact question you trying to ask. If they file it is as consular process, and you travel out side US, the approved petition would have to be mailed to you when you are outside US and using that you can either go for stamping again to get a new visa or re enter on the existing visa by showing the new petition. If they file it as consular process and it is approved while you are in US then also you would have to travel outside US and re enter showing the H1 petition in order to work for them. Now , whether they would do mail the approved petition to you while you are outside US would have to be upfront negotiated with them as highlighted by Kabkaba.

                      The only circumstance in which you would not have to leave US is if they file H1 as non consular and the approval I797 along with a new I94 is received before your last working day with current employer in US both of which do not seem to be in your control currently.

                      This is my opinion not legal advice.
                      Current Situation -
                      1) My current project is going to be over by 9th of October,so my employer has asked that as there is nothing coming up after this project is over so you have to travel back to India and work from there.
                      2) Currently I am having offer with a US company but they have not yet started filing my LCA and my H1-B transfer.
                      My question is - Probable scenario
                      1) What will happen if my new employer file my LCA but before starting my H1-B transfer I have to travel back to India.
                      2) What will happen if the LCA got approved and during my H1-B transfer I have to travel back to India.

                      Regards
                      Sunil

                      Comment


                      • #12
                        Processing time for H1 petition is the same irrespective of whether the beneficiary is in the US or not (whether change/extension of status is requested or consular notification is requested). Premium processing is available for any H1 petition.

                        If you just do a generic search for 'consular processing' that also means green card consular processing.

                        If you are outside the US, you will need to add to it Visa application and travel time. If you are in the US, you just change employer and start working.
                        This is my opinion and not legal advice.

                        Comment


                        • #13
                          Originally posted by kabkaba View Post
                          Processing time for H1 petition is the same irrespective of whether the beneficiary is in the US or not (whether change/extension of status is requested or consular notification is requested). Premium processing is available for any H1 petition.

                          If you just do a generic search for 'consular processing' that also means green card consular processing.

                          If you are outside the US, you will need to add to it Visa application and travel time. If you are in the US, you just change employer and start working.

                          Thanks for the reply.
                          But as my current H1-B stamping from my current employer is valid till Oct-2017 , then also do I need to do for stamping?.

                          Regards
                          Sunil

                          Comment


                          • #14
                            No need
                            This is my opinion and not legal advice.

                            Comment

                            Working...
                            X