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  • H1 transfer process

    Hi All,

    Need some guidance. Below is my situation:

    My wife applied for H1 visa (consular process) thru employer A in 2015 and got her H1B petition which is valid since 10/1/2015.
    In the meantime, she entered the country on H4 in August, 2015 and continues to be on H4 till date.

    I would like to know the process to be followed if she wants to start a job with some other employer?

    We don't have the copy of I-797. But, we have the copy of petition and thus the EAC#.

    From what I understand, since she is not on H1 currently there is no H1 transfer. Can someone please guide us?

    Thanks,
    Ravi

  • #2
    Yes, if she entered on H4 visa her current status is H4. Her Employer has to apply change of status from H4 to H1 if she wants to work but my she will need the I797 approval notice to file a cap exempt petition. She should ask her previous employer to share her I797 notice of approval.
    This is just my opinion, not a legal advice.

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    • #3
      H1B Transfer

      My H1B visa got approved in Jan 2014 and i stayed U.S till Dec 2015. Now i am in India and my petition is expired in March. Is it possible if my petition can be filed from Employer B in India if i switch the company here. What is the chances of rejection if i filed from new Employer and does it require any transfer clause from Employer A.

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      • #4
        Originally posted by mant View Post
        My H1B visa got approved in Jan 2014 and i stayed U.S till Dec 2015. Now i am in India and my petition is expired in March. Is it possible if my petition can be filed from Employer B in India if i switch the company here. What is the chances of rejection if i filed from new Employer and does it require any transfer clause from Employer A.
        If that is a genuine employment and you have a solid documentation then chances of rejection are very less. You don't need any transfer clause from Employer A.
        This is just my opinion, not a legal advice.

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