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New H1 can be Transfered?

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  • New H1 can be Transfered?

    Hi I m currently working with Company B on L1(Not resigned yet) and got a new H1 Petition approved from Company A(Effective Date is Oct1st) in US but due to some emergency reasons i m going to India next week .So Can I transfer the new H1 B petition to Company C in India? Is that possible . Will there be any complications in Visa Interview if I get transfer to Company C ?

    Please let me know if this is possible or not ? As Company A cannot provide the visa documents for stamping so i want to get that petition Transfer to Company C and go for visa Stamping .

  • #2
    If you can get the petition transferred to company C, then it is possible. You will need a copy of the approval notice to initiate the transfer.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      If you can get the petition transferred to company C, then it is possible. You will need a copy of the approval notice to initiate the transfer.

      I have I797 copy and Approved Notice in USCIS website.SO I can transfer H1 B to Company B and Company C?

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      • #4
        Need Info on H1 Transfer 6yrs max out

        Hi ,

        Currently I m on L1 B with 4 years with Company A in US and got my new H1B approved on 2015 valid till Nov 2017(Oct1st Effective) with Company B .Due to some reasons I m going back to India next week and continue with Company A .
        But my Plans are to Transfer H1B approved petition to Company C.From above question you said it s possible to Transfer. Thanks for the Answer.

        So If i come back to US after 1 year(365days) staying in India .I ll come to US on 2016 Nov from a Company C as i have petition till Nov 2017 .So in that case my H1B will reset to 6 years? as i took break 1yr in india?

        Please respond me as it helps a lot.

        Comment


        • #5
          Nope. It doesn't work that way. To get a fresh 6 years period on H1B, you should stay out of U.S for 365 days and then file a new H1B petition that is subjected to CAP.

          Originally posted by zipzap1007 View Post
          Hi ,

          Currently I m on L1 B with 4 years with Company A in US and got my new H1B approved on 2015 valid till Nov 2017(Oct1st Effective) with Company B .Due to some reasons I m going back to India next week and continue with Company A .
          But my Plans are to Transfer H1B approved petition to Company C.From above question you said it s possible to Transfer. Thanks for the Answer.

          So If i come back to US after 1 year(365days) staying in India .I ll come to US on 2016 Nov from a Company C as i have petition till Nov 2017 .So in that case my H1B will reset to 6 years? as i took break 1yr in india?

          Please respond me as it helps a lot.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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