Can I apply H1 transfer while in India

[rww968]

Hello, I can apply H1 trnafer while I am in India and H1 is till valid

[DMX17]

Look at the FAQs on immiehlp H1 section. Answer is Yes if you H1 time remaining.

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

[rww968]

One company told me while we are applying you transfer you need to be in US unless we get Reciept Number.

Please let me know if it ture.

[txh1b]

Companies will tell you lot of incorrect information. They are not lawyers anyway.

[rww968]

Thanks for reply. Actually I am travelling back to India on 23rd may and my Visa is expirying on 31-May-2008.

If company apply a transfer on 23 or 26. Will that work. Will I can transfer successfully.

Thanks.

[DMX17]

You can apply for a transfer before your I-94 expires and start working for your new employer, should you decide not to travel. You can work for the new employer upto 240 days after your current I-94 expires. It should go through okay if the case (employer, job, your qualifications etc.) is okay.

Visa expiration does not matter. It's I-94 that matters.

Now if you apply for a "transfer" and then leave, it gets a little complicated. In this case, you will need to wait for the new I-797 while you are in India, get a new visa (since your H1 visa will expires before you re-enter(?)), then enter to join the new employer. This is no different than applying for an H1 (not subject to cap under the remainder option and can be filed any time) from outside the U.S. Applying for an H1 while you are in India is perfectly fine as well.

[vinaykk]

One more doubt

Hi

I currently have a valid petition from a US company A. I also have the visa stamp on my passport. But i never travelled to US on that Visa. Now my current employer in my home country applied for a new H1 petition and got it approved. So should i go to stamping again or can i travel on my current visa as it is still valid?

TIA