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  • H1B transfer

    Hi ,

    I n 2015 I have got selected in H1B lottery. I have got all the document including I797B.
    But I could not go for a VISA stamping as my current employer did not provide me the client letter and I think they are not willing to send me on H1B.

    I have two questions

    1. As still I did not go for the Visa stamping is it possible that my H1B gets cancelled.
    2. Is it possible transfer my H1B to other employer(employer either from India or UAS).
    3. If h1B transfer is possible can my new employer apply for the transfer while I am with present employer because while I will resign my present employer can cancel it probably.

  • #2
    1. As still I did not go for the Visa stamping is it possible that my H1B gets cancelled.
    >>> NO. H1B petition will remain valid until its expiry date or until the employer withdraws the petition.

    2. Is it possible transfer my H1B to other employer(employer either from India or UAS).
    >>> Yes. H1B can be transferred only to a U.S employer. Most big Indian companies (MNC) will have their U.S officers which can initiate the transfer.

    3. If h1B transfer is possible can my new employer apply for the transfer while I am with present employer because while I will resign my present employer can cancel it probably.
    >>> Yes. Transfer can be filed even if the old employer withdraws your petition. As long as the old petition is filed within the last 6 years, a transfer can be filed irrespective of whether it is active or not.
    Not a legal advice. Use of this information is strictly at your own risk.

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