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Need Urgent Guidance: H1B Transfer without travelling US

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  • Need Urgent Guidance: H1B Transfer without travelling US

    Hi..

    I have H1B visa stamped with my previous employer however I never travelled to US on that visa. Now I changed job in India and now need information on whether the same Visa will be valid to travel US with new company? If not Can I transfer the visa to new company(current employer)? If yes What is the procedure of H1B Visa transfer?

    Would really appreciate the response.

    Thank you.

  • #2
    Visa only needs to be valid on the day you travel to US. Your new employer will need to file a cap-exempt petition for you and if approved you can use the same existing Visa to enter the US.
    This is my opinion and not legal advice.

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    • #3
      There is no such thing as visa transfer. What can be transferred is the petition. Any new employer or your current indian employer will need to file a new H1B petition using the CAP from the old H1B petition (Give them a copy of the old H1B approval notice) and when that gets approved, you can travel to U.S with new petition and the existing visa (even if it is from the old employer) as long as the visa/passport remains valid and you have a job available in U.S.
      Not a legal advice. Use of this information is strictly at your own risk.

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