Transfer of H1

[amarnathanr]

Hi,

I am from India, got H1B visa in december2007.
Still my employer is not ready for my travel (has been asking to wait for a long time)

I would like to transfer my H1 to some other employer.

Could you please suggest me which is the better approach with in below two.


1. Transfer the visa with in India itself to some other employer.
what are the risks in this approach?
Do I need to give proper reason for changing the employer?
If transfer is failed because of some problems, still existing one is valid?
Do I need to have personal appreance in Embassy?

2. Goto US on existing H1 visa and transfer H1 there itself.
will there be any port of entry problems?


Thanks for your help.

[Subramanya]

H1 Transfer

I am from India, got H1B visa in december2007.
Still my employer is not ready for my travel (has been asking to wait for a long time)

I would like to transfer my H1 to some other employer.

Could you please suggest me which is the better approach with in below two.


1. Transfer the visa with in India itself to some other employer.
what are the risks in this approach?
Do I need to give proper reason for changing the employer?
If transfer is failed because of some problems, still existing one is valid?
Do I need to have personal appreance in Embassy?

---- Apply for a transfer of H1 from Inida itself and secure your employment. You can still travel on the old stamped Visa (presumeing you have already got your Visa stamped in your Passport) and there is no need to go to the US Embassy (rather the US Consulate as they are the one who issue a Visa)

2. Goto US on existing H1 visa and transfer H1 there itself.
will there be any port of entry problems?

---- You'll have to bear the expenses of staying in the US and you need to be paid by the employer from day 1 of your coming to the US. In which case option 1 is better and safer

Subramanya

[C4us]

Option 2 is not a possibility.

You may not enter the US on H1B visa for an employer when you have no intention of working for that employer. Presenting that employer's approval for entry when you know he has asked that you NOT travel at this time and has no work for you is fraud.

If you find a new job, you will not be able to transfer the your H1B to the new employer because you will be out of status. You will need to leave the country to begin work.

Your only option is to have a new employer file a new petition not under cap and enter legally using the new employer's approval notice.

Fraudulent entry into the US is not a good way to start your career.

If your employer is unable to place you on a project at this time, it is likely that the US economic situation is affecting the need for people with your skills.