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H1B transfer from outside US

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  • H1B transfer from outside US

    My question related to H1B transfer (filling new petition) may be repetitive, but request you to please bear with me and try to answer my question, since I am not clear with the same.
    I am currently working with ABC company in India and hold approved I797 (from employer ABC) and stamped H1B visa (from same employer ABC and also name is printed on Visa). Validity of my Visa is till 1st Oct 2016.
    Since currently and also for future 6 months, there is no US work opportunity with my employer ABC, hence I am looking for employer who can make a H1B transfer and provide me opportunity to work in US.
    I have got an employer XYZ who has relevant opening in his company and also he is willing to make H1B transfer.

    I have below queries pertaining to the same:
    1. Since I am working with my current employer ABC in India, could I initiate my H1B transfer with employer XYZ without informing employer ABC about the same?
    2. If my transfer gets rejected by employer XYZ, will my visa status of employer ABC will be impacted? Will I be still eligible to travel US on my current employer ABC stamped visa?
    3. If my transfer is approved and I797 from XYZ employer is issued on my name, I would have 2 approved I797 (one from employer ABC & one from employer XYZ), will both I797 will be valid? Or old petition will be auto cancelled?
    4. Once transfer is completed for employer XYZ, suppose I receive a last minute opportunity from my current employer ABC to make immediate travel to US, can I travel to US on my stamped visa (employer ABC) and old petition from employer ABC?
    (what are documents required to show in immigration pertaining the same)
    5. Once transfer is completed for employer XYZ, can I still travel on old stamped visa (with name of current employer) for new employer XYZ? Or I need to restamp passport with new visa for employer XYZ? (what are documents required to show in immigration pertaining the same)
    6. Can my current employer ABC cancel his petition, if he comes to know that I have initiated petition transfer request by other employer XYZ? (might come to know if I give them prior job termination notice in India).

    Awaiting help on above queries. Some questions might be repeated from other threads, but please bear with me for the same.

  • #2
    Could anybody please help on this?


    • #3
      Petition, Visa are two different things.

      1. Yes you can.
      2. When you say rejected, you talking about petition rejection? Even if petition of B is rejected A's petition and visa would still be valid.
      3. Yes, one can have multiple petitions approved, but it hardly matters as one can work for only one employer at a time.
      4. Yes as long as underlying LCA is valid. Every petition is associated with a LCA and is specific to a location/job/position.
      5. Its a choice, if you travel on old visa you may be allowed stay only till Oct 2016 instead of till new petition end date and in order to stay beyond Oct 2016 you will have to get an extension applied. Whereas if you for new stamping you will get visa till new petition expiry date
      6. It does not matter even if they cancel, once cap counted you can choose to remain cap exempt for up to 6 Years. Do make sure you keep copies of the approval notice (I797) of current employer as that is the proof to claim ap exemption by other employers.

      This is my opinion not legal advice.