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  • H1b Transfer from india

    Hi ,

    I worked in US for 2 years and going back to India.
    Can I go for H1b transfer while I was in India.
    If yes do I need to go for stamping in india.

    Please help.

  • #2
    An H1 transfer is a commonly used term when you apply for a change of employer (new petition not subject to cap) while you are in the U.S.

    When you are outside the U.S., a new petition NOT subject to cap can be filed by your new employer and you can get your remainder H1 time. Yes, your employer can apply for new petition and this will NOT be subject to cap and can be filed any time. All you need to have is an H1 I-797 copy, a Visa stamp (valid or expired), AND/OR an I-94 copy to prove that you were counted against the cap in the past.

    You do not need a new visa if your old visa is valid at the time you re-enter with the new I-797 + Offer Letter. Visa is just for entry to U.S. and is NOT employer specific.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      H1b Transfer from India

      Is there any expiry date on 797 after which i cannot go for H1 transfer?

      Also please let me know if transferring from India is a different or its just normal process of transfer..

      suppose my visa stamping has expired and after transfer If I go for stamping will i get it without any hassles?

      Thanks!!

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      • #4
        Originally posted by pankaj_div
        Is there any expiry date on 797 after which i cannot go for H1 transfer?

        Also please let me know if transferring from India is a different or its just normal process of transfer..

        suppose my visa stamping has expired and after transfer If I go for stamping will i get it without any hassles?

        Thanks!!
        I-797 has an expiration date. But, you can still "transfer" after the expiration date. All that matters is that you were counted in cap once IN THE PAST, still have H1 time left, and YOU can prove that this is indeed the case.

        Your employer will need to apply for an H1 with consular processing since you are outside of the U.S. Once this H1 is approved, you can enter with a valid visa. If your visa is expired then, you will need to get another one using the new I-797. This is the same procedure as you went through the first time and risks are same as before.

        Read an explanation by txh1b here and the FAQs on immihelp (link could be found here):

        Last edited by DMX17; 04-21-2008, 01:01 PM.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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