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Visa Transfer

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  • Visa Transfer


    Looking for an urgent help.

    I work for Company X. I am on H1B Visa and working in USA for more than 1 year now. My onsite assignment ends in 1 weeks time and I will have to return to India after 1 week. In the meantime, I have now got an Offer from Company Y. But to get the offer letter and initiate the transfer process, Company B might take 2-3 Weeks more by when I would have returned to India as per company A.

    Now, what should I do: If I go back to India after 1 week, and after that Company B applies for transfer, Will it be a problem. I want to resign fro Company A in India after I get the confirmation fro Company B that they have applied for Visa transfer. Can copany B apply Visa transfer while I am in india? If yes, then when at the earliest can I come to USA and start working for Company B?

    Any help will be highly appreciated.


  • #2
    You should go back, let them initiate and get the transfer approved and then return.
    This is my opinion and not legal advice.


    • #3
      Visa Transfer

      Thanks for your advice.

      But it is very much possible for them to initiate Visa when I am in India? (I have all docs + US pay stubs for 1.5 years).

      And secondly when should I resign Compnay A? After the Visa gets approved? Do I need to tell Com A anything before that?


      • #4
        Visa Transfer


        Any advice to update 3 questions will be highly appreciated.

        Thank you !


        • #5
          You can have the H1b transfer initiated while you are outside the US but the term used to call it is not "transfer" but a new application that is not subject to cap. You need not resign or it has got nothing to do with the transfer. Company A has got no role to play here. Only the new employer has all the role and paperfwork to do.

          If you already have a valid H1b visa, you can use it to come back along with the new approval papers from the new company. Read more on the FAQs and the forum.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.