H1B transfer when u r in India

[Mohanjuly]

Please help me....

Question: I got H1B thru the Indian employer A. I went to USA and worked for Indian employer A for 1 year, then i came back to india and continued my job with the same indian employer A.

Now i am india, want to join another indian employer B in india itself.

What will happen to my H1B.....

1) Can my new employer B still use my H1B and can send me to USA if he wishes in future ( probably after 6 months).

2) is H1B valid only as long as i am with employer A.

[txh1b]

1. Yes, they have to file a new petition that is not subject to cap.

2. No. But the question is not properly phrased. It is ambiguous.

Read the FAQs here for better understanding.

https://www.immihelp.com/h1-visa-faq/

[Mohanjuly]

Thanks... forget about second question...


Could you please explain the first question in detail....... should i have go for stamping once again to the US consulate in india?.......... what is that " not subject to cap? "....

one more question: Can my employer A have the autority of cancelling the H1B as i am leaving his company with/without my knowledge....

[txh1b]

I would suggest you to go through the FAQs one time and it will clarify your questions.

Also look at this thread.

http://www.immihelp.com/forum/showthread.php?t=40743

No, your existing valid unexpired H1b stamp from previous employer is valid even if that H1b petition was cancelled by the employer. But you need a new approved I797 from a new employer to be used in conjunction with the old visa to re-enter.

Not subject to cap means you need not go through the H1b lottery again.

[Mohanjuly]

Thanks..

you said that My new employer has to file a new petition that is not subject to cap.


-- for this, should i have to go for visa stamping?.....

Fyi.... my current h1b visa stamped thru my old employer is valid thru may 2009 and the h1b is in first three years period...

[DMX17]

-- for this, should i have to go for visa stamping?.....

Heck NO. If the visa that you have in your passport is valid, no need. This has been said.

[txh1b]

I already answered your question in my previous post.