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H1B Visa Transfer - Queries

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  • H1B Visa Transfer - Queries

    I had my H1B Visa stamped in the month of October 2015 in India with Petitioner/Company A. I am already working in India with Company B when my H1B visa got stamped. Now, Company B requested me to transfer H1B on them, which i did. Request you to help me with the following queries -


    1. Company B plans me to bring me on the board to USA in the month of February though H1B transfer is still pending with USCIS. I assume i can work with Company B at USA. Is my assumption correct?
    2. My Visa got stamped in the month of Oct 2015. If i travel on Feb 2016, will there be any issue?
    3. What if this H1B transfer gets denied? Is my complete H1B status gone too?
    4. Is it legal to proceed with transferring my H1B to Company C when it is pending with Company B?


    Please advise. Thank you

  • #2
    Originally posted by Ranjith Chilumuru View Post
    I had my H1B Visa stamped in the month of October 2015 in India with Petitioner/Company A. I am already working in India with Company B when my H1B visa got stamped. Now, Company B requested me to transfer H1B on them, which i did. Request you to help me with the following queries -


    1. Company B plans me to bring me on the board to USA in the month of February though H1B transfer is still pending with USCIS. I assume i can work with Company B at USA. Is my assumption correct?
    2. My Visa got stamped in the month of Oct 2015. If i travel on Feb 2016, will there be any issue?
    3. What if this H1B transfer gets denied? Is my complete H1B status gone too?
    4. Is it legal to proceed with transferring my H1B to Company C when it is pending with Company B?


    Please advise. Thank you
    1. You cannot enter US without first getting B's petition approved. At the POE they may ask for B's petition and if you dont have it , you might be be deported back.
    2. Read above.
    3. Not necessarily, another employer should still be able to file a cap exempt petition. Would need to know the reason for denial.
    4. Yes no harm.

    This is my opinion not legal advice.

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