H1B transfer without entring US?

[kaush]

Hi all,

I have a couple of questions and I need your help on these.

1. Can I get a H1 transfer without joining the employer who filed my H1B and without going to US ever?, and How complicated is it?

1. If Not how long do I have to work with the employer who has filed my H1, before another employer can apply for my H1 transfer?

3. If My first employer revokes his H1B, can I still get an H1B transfer, while being in my home country?

4. Is USCIS still accepting H1 Petitions for this year?

[arajesh19]

Hi all,

I have a couple of questions and I need your help on these.

1. Can I get a H1 transfer without joining the employer who filed my H1B and without going to US ever?, and How complicated is it?

--- It is not complicated. The new employer will file for a cap-exempt H1B petition with the USCIS and on approval of that petition you can travel to the US with a visa stamp (new or existing), provided your employer has a job for you.

1. If Not how long do I have to work with the employer who has filed my H1, before another employer can apply for my H1 transfer?

--- If in India, then you are not required to work for the employer with whom you have your petition approved.

3. If My first employer revokes his H1B, can I still get an H1B transfer, while being in my home country?

--- Refer to Ans. 1

4. Is USCIS still accepting H1 Petitions for this year?

--- Looks like the USCIS is still accepting applications. Per the latest numbers on May 18, 45500 applications have been received by them for the general quota.

Thanks
Rajesh

[cherisha]

H1B transfer

I want to transfer my H1B to a new employer. I have never worked with my current employer. Currently I am on my OPT and my H1B has already got approved effective from Oct 1st.
1) Can do a transfer without any pay stubs from co. A to co. B ?
2) Is there any way that co. A can terminate my H1B ?

Can I work on my OPT in the meantime with co. B

[kaush]

First of all thanks for answering my queries!!

My Scenario:

Well I have found multiple employers in US, but all always had very urgent requirement so no one was ever ready to wait till oct 1. That's why I am planning to get my H1B done this year and not join the consultant who is doing it(Well I do not want to work with him), and then explore other options staying in India, and when I get a right offer I can get a H1B transfer done.

Does this sound like it is possible? Or there can be some law issues in this. I have checked with the consultant who is sponsoring my H1 and they do not have any clause for this.

And how long will it take to do the H1B transfer or filing a new cap exempt H1B, me being in India (for non premium).

--
Kaush

[arajesh19]

First of all thanks for answering my queries!!

My Scenario:

Well I have found multiple employers in US, but all always had very urgent requirement so no one was ever ready to wait till oct 1. That's why I am planning to get my H1B done this year and not join the consultant who is doing it(Well I do not want to work with him), and then explore other options staying in India, and when I get a right offer I can get a H1B transfer done.

Does this sound like it is possible? Or there can be some law issues in this. I have checked with the consultant who is sponsoring my H1 and they do not have any clause for this.

--- I would recommend not filing an H1B with a consultant just for the sake of hitting the lottery and then transferring to a "good" employer.

That said, it can be done, although not recommended at all.

And how long will it take to do the H1B transfer or filing a new cap exempt H1B, me being in India (for non premium).

--- It would take the same time as it would if filed in the US. The employer's and employee's credentials are evaluated thoroughly by the USCIS nowadays and it may take anywhere between 1-3 months for a decision (non-premium).

Thanks
Rajesh

[meterdown]

Cost for cap exempt petitions

can any one tell me how much it would cost for cap exempt petitions, both premium and non-premium.

- Thanks much.