H1B Transfer

[vputta]

Hi ,

I am Working in company A from more than 3 months in US.I have all the required documents including pay stubs. Can I transfer my H1 to company B now .will there be any problem as it was just 3 months ?

Thanks

[shervin143]

No issues.

[vputta]

I am working with employer A .My H1b transfer petition is just filed by employer B . But my employer A wants me to go back to india as my project is over .

My H1 is still valid for 2 yrs . So, once my H1 transfer is approved Can i travel back to US with the existing H1 visa and the new employment from B company .

Or should i again go for visa stamping ? will there be any issues ?I am just 3 months working in US

thanks

[shervin143]

Did you read the FAQ in immihelp? Very basic questions like these are already answered there. You can travel back with the new petition and old valid H1B visa from the previous company.

[vputta]

Thanks ..

should i atleast be there in US till we get H1B transfer application receipt .

[shervin143]

Not required. Ifthe H1B is still not filed, then ask your new employer to file it as a consular process.

Thanks ..

should i atleast be there in US till we get H1B transfer application receipt .

[vputta]

Hi ,

what is consular processing ?

No need to be in US while consular processing ?

[shervin143]

Google for the term "Consular Process". If you are inside U.S and will continue to be present in U.S until the decision is made, then you should file COS (Change of status - it comes with anew I-94),otherwise you should file for consular process (the approval comes without anew I-94). You are not suppose to have an I-94 when you are outside U.S.

[vputta]

But whats going to happen in my case . H1b transfer is just applied through premium processing and i am leaving US now.

would it effect h1b transfer . should i intimate my new employer ?

Is there any possibility of getting H1B visa cancelled in total ?

thanks

[shervin143]

It will not affect the transfer. The H1B might get approved for consular process if your application is taken for processing when you are outside U.S. Sometimes, it might get approved as a COS and you will end up with a new I-94 (the problem here is you are not suppose to have an I-94 when you are outside U.S). When you return back you will get a new I-94 at the POE and you will have to return the old I-94 that comes with the approval notice back to CBP.

But whats going to happen in my case . H1b transfer is just applied through premium processing and i am leaving US now.

would it effect h1b transfer . should i intimate my new employer ?

Is there any possibility of getting H1B visa cancelled in total ?

thanks