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H1B Transfer from India, wiith 4 months Gap

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  • H1B Transfer from India, wiith 4 months Gap

    Hi,

    I was working on H1B at New Jersey, USA from 2006 To October 2016.
    On 14th October, 2016 I had to resign and come back to India immediately due to my family urgent issues.
    Now I am looking to get back to New Jersey at earliest, by getting H1B Transfer.
    I have pay check till October 2014 and have approved I-140.
    My current extension is till No 2017 and as I mentioned I have pay checks till OCT 2016 as I resigned in October and I am at india at present.

    I am looking for immediate H1B transfer so that I can go for stamping and I can resume back to USA immediately.

    I have some questions.
    1. Can any new employer file H1B Transfer for me at USA?
    2. Will new H1B Transfer extension be for 3 years? What if it is less than 3 years, in that case how will I be able to get extension for another period as I will not have anything processed by new employer at least till 6 to 12 months. I mean as I already passed 10 years I need to show I-140 which is from old employer so even if new employer starts process, it will take more than a year to change I-140 to him so in this case, if my new H1B extension expires, how can I get extension?
    3. If I get new employer and if he transfers my H1B, will there be any issue or questions during Visa Stamping at Bombay like why its gap of 4 months without pay check?
    4. What is the maximum gap period ( 6 months ? ) allowed to have before H1B Transfer?
    5. Will there be any specific issue at port of entry at USA?
    6. If a small company ( about 10 employees) transfers my H1B, will there be any issue\concern for stamping?
    7. As I don't have pay check From November 2016, how much time do I have to file for new H1B?
    8. As I don't have pay checks from November 2016, will be be any issue in H1B Transfer?
    9. Do I need to provide any medical certificate anywhere showing my parents had health issue due to which I had to come to India immediately?

    would really appreciate details,
    Thanks in advance,

  • #2
    Originally posted by Madhu1977 View Post
    Hi,

    I was working on H1B at New Jersey, USA from 2006 To October 2016.
    On 14th October, 2016 I had to resign and come back to India immediately due to my family urgent issues.
    Now I am looking to get back to New Jersey at earliest, by getting H1B Transfer.
    I have pay check till October 2014 and have approved I-140.
    My current extension is till No 2017 and as I mentioned I have pay checks till OCT 2016 as I resigned in October and I am at india at present.

    I am looking for immediate H1B transfer so that I can go for stamping and I can resume back to USA immediately.

    I have some questions.
    1. Can any new employer file H1B Transfer for me at USA?
    2. Will new H1B Transfer extension be for 3 years? What if it is less than 3 years, in that case how will I be able to get extension for another period as I will not have anything processed by new employer at least till 6 to 12 months. I mean as I already passed 10 years I need to show I-140 which is from old employer so even if new employer starts process, it will take more than a year to change I-140 to him so in this case, if my new H1B extension expires, how can I get extension?
    3. If I get new employer and if he transfers my H1B, will there be any issue or questions during Visa Stamping at Bombay like why its gap of 4 months without pay check?
    4. What is the maximum gap period ( 6 months ? ) allowed to have before H1B Transfer?
    5. Will there be any specific issue at port of entry at USA?
    6. If a small company ( about 10 employees) transfers my H1B, will there be any issue\concern for stamping?
    7. As I don't have pay check From November 2016, how much time do I have to file for new H1B?
    8. As I don't have pay checks from November 2016, will be be any issue in H1B Transfer?
    9. Do I need to provide any medical certificate anywhere showing my parents had health issue due to which I had to come to India immediately?

    would really appreciate details,
    Thanks in advance,
    Answers for your questions,

    1) yes
    2) 3 years or not depends on many factors. But with the new i140 rule going into effect from Jan 17th, if your employer doesn't withdraw 140 until then, your new employer can apply for future extensions based on old employers 140.
    3) People on H1b can have gaps, it's nothing to worry about.
    4) You can have something like 6 years, after that you cannot transfer or reuse. So you have plenty of time
    5-9) You are unnecessarily worried dude

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    • #3
      Thanks,
      My h1b Transfer is in process and hoping to get it done in next 2 weeks.

      Now as we keep hearing about h1b rule changes and something going on about stamping, Do we have any latest news about having any stamping issue due to new proposal of H1b rule changes or anything?
      I mean I know its just a proposal and nothing has been finalized yet but
      1. Is it rumor or true that now a days Indian consulates are giving slips to most of h1bs etc? If its still same good process?
      2. Is there any change that is going to affect my current h1b transfer from india? having 85k salary offered?

      Thanks in advance,

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