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H1 Transfer, currently outside USA

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  • H1 Transfer, currently outside USA

    Hi Immihelp,

    I found this website very informative. I work for an employer in India. He also has a different firm in USA. He did my H1B so that I can make multiple visits to US as his US firm's employee whenever it is required.

    My Visa is valid till end of 2012. I have been to US for around 4 months and returned to India as the job got done. I currently work for his Indian firm and so no US pay stubs are paid. I have following questions regarding my H1B transfer:

    1. Being in India for last 4 months (So no US Pay stubs for 4 months) Can I look for an employer in USA who can transfer my H1B?

    2. Is it possible for a US employer to apply for my H1 transfer, when I'm in India without US Pay-stubs?

    3. If it is possible for a new employer to transfer my H1, when I'm in India, do I need to go for Visa stamping again to Consular office in India?

    4. Do I need to expect any risks in seeking a H1 transfer by new employer, when I'm in India for so long as 4 months? If so what kind of Risks?

    5. I have read in this website that H1 transfer is like a new H1 petition without Cap. In my case, as I'm in India with out US pay stubs for 4 months, is it considered the same way (no cap)?


    Please guide me regarding, I would be grateful to you.

    Regards.

  • #2
    1. Yes. You need paystubs only while you are in US on H1b status.
    2, Yes
    3. Yes. No new visa stamp needed. Read hrough some posts on the forum.
    4. No risk
    5. Yes, every transfer is nothing but a new H1 that is not subject to cap. In fact, the word transfer is used mostly when someone is in US.

    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.

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