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H1 B Transfer in india

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  • H1 B Transfer in india

    I have a H1-B VISA Stamped from company A and never travelled to US on it(still in India). Can a company B(in India or US) transfer this H1 when i am in India?I hear that the H1 can not be transferred unless i travel to US atleast once from company A.
    Last edited by doddapaneni; 10-03-2010, 12:43 AM. Reason: updating the question

  • #2
    Possible. There is no big difference between the H1B transfer and filing the new H1B petition under the existing CAP. Since you already have a H1B petition, your new employer can file new petition under the same CAP and request an immediate stat date. You don't have to be in U.S for that.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the reply. My Question is can the same H1-B transferred to new employer without applying a new H1-B again?

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      • #4
        H1B transfer is a term used when you are already in H1B status and switching employers. There is no much difference between filing a transfer Vs applying a new H1B under the existing CAP. You may call it as transfer if you want.

        Originally posted by doddapaneni View Post
        Thanks for the reply. My Question is can the same H1-B transferred to new employer without applying a new H1-B again?
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Thanks for clarification.

          Could you please let me know the process for the same and the document that i need to have?
          How many days it will take for getting approval of that transfer?

          and what if the company A cancels that H1 B(before getting new H1-B petition/transfer approval) petition after i resign company A.

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          • #6
            Could you please let me know the process for the same
            >>> Process is simple. Find a new employer who has a job qualifying for H1B and willing to sponsor you. Give them a copy of your existing H1B petition and they should be able to proceed further with applying a new H1B petition using the CAP from the old petition and request an immediate start date.

            and the document that i need to have?
            >>> Check this. If you never worked for the H1B employer, then pay slips are not required. If you have never been to U.S, then documents like W2 are not required.
            http://www.immihelp.com/forum/showthread.php?t=75721


            How many days it will take for getting approval of that transfer?
            >>> 2-3 months by normal process and 15 days by premium.

            and what if the company A cancels that H1 B(before getting new H1-B petition/transfer approval) petition after i resign company A.
            >>> If they revoke that petition, then you can no longer use that petition to travel to U.S and work for that particular employer. However, that doesn't stop you from following what I have mentioned in answer 1. You can still file a new petition using the CAP from the revoked petition.
            Not a legal advice. Use of this information is strictly at your own risk.

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