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  • H1B Validity and Transfer

    Hi everyone

    I have a H1B visa, processed by my current employer (EA). It was processed on Nov '08. I am willing to move to a new company (EB), and in the negotiation they have asked me if the H1B is transferrable.

    Q1. How to know if the H1B is transferrable? Is it mentioned anywhere in the petition? or, something we need to check with the HR ?

    Q2. I havent travelled to US after my Visa is processed, now if i shift the company.. will my visa is still valid? I have learnt that we need to travel once from the employer who has precessed ur H1B.

    Please help with your inputs.

    Thanks in advance.

    regards,
    Rajesh

  • #2
    1. H1b is transferable as long as it was quota counted.
    2. Visa is valid along with approval of new I797.

    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.

    Comment


    • #3
      Hi txh1b ..

      Thank You for your inputs.

      1. H1b is transferable as long as it was quota counted.

      -- You mean to say that we can shift the company (EA -> EB) filing a transfer. And its not required to travel to US, once on behalf of the company EA, which has initiated your H1B.

      2. Visa is valid along with approval of new I797.

      -- Can you please brief on this?


      Thanks a lot!

      Comment


      • #4
        1. H1b is transferable as long as it was quota counted.

        -- You mean to say that we can shift the company (EA -> EB) filing a transfer. And its not required to travel to US, once on behalf of the company EA, which has initiated your H1B.

        >>>> No. it is not required for you to travel to U.S on behalf of company EA to do a transfer. As long as you have a copy of your I-797 petition (From Company EA), you are good. This copy is a proof that you are already CAP counted.


        2. Visa is valid along with approval of new I797.

        -- Can you please brief on this?

        >>>> When the new petition filed by company EB on your behalf is approved by USCIS, they will send a new I-797 approval notice. As long as your visa is valid (Even though it has company EA name on it), you can still travel in that visa provided you carry the new I-797 approval notice from company EB.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          I have I-797B and I-797C.
          will these two docs help?

          Comment


          • #6
            Yes.

            Originally posted by rajkot View Post
            I have I-797B and I-797C.
            will these two docs help?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thank You shervin...

              i have recently shared this info with one of my colleagues, and he was mentioning that we need to travel to US atleast once, through the employer who has processed/filed your petition. Only after that you can be eligible for the H1B transfer. He said he has enquired from the consulate.

              Can anyone throw some light on this..

              Thanks in advance..

              P.S. Sorry if i am asking this question redundantly.

              Comment


              • #8
                Another information which i have come across is that, the H1B transfer can be valid after one year from the processing date.. if you didnt travel to US, thru your current employer. If we request a transfer prior to that, the current employer can withdraw the H1B petition.

                Comment

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