visa transfer while in india and h1 extion is still pending

[Honeq]

Hey,

I have been working for Company A and applied for extension in the 9th month of 2010 and case status is still "Initial Review".

Now I am in India and do not know what to do to go back to US because my employer don't want to go for premium process.

But Company B wants to give me a job.

May i know which one is good, 1. applying for visa transfer with company B

or

2. go for a fresh visa which is going to happen from the first of April 1'2011.

thanks in advance....

[shervin143]

Both are valid options. If you file a fresh new petition on April 2011, then you cannot work in U.S until Oct 1st. However, if you have completed 1 year outside U.S by Oct 1st, then you will get a fresh 6year term if you file a fresh new petition on a new CAP.

If you transfer your existing CAP, then you don't need to wait until April 1st to file under a new CAP and you don't need to wait until Oct 1st to start working. The new employer can file a new petition under he current CAP (Give them a copy of your existing approval notice) and request an immediate start date. However, you will get only 6 year minus whatever time you have already spend in U.S on H1B + L1 combined.

[Honeq]

Both are valid options. If you file a fresh new petition on April 2011, then you cannot work in U.S until Oct 1st. However, if you have completed 1 year outside U.S by Oct 1st, then you will get a fresh 6year term if you file a fresh new petition on a new CAP.

If you transfer your existing CAP, then you don't need to wait until April 1st to file under a new CAP and you don't need to wait until Oct 1st to start working. The new employer can file a new petition under he current CAP (Give them a copy of your existing approval notice) and request an immediate start date. However, you will get only 6 year minus whatever time you have already spend in U.S on H1B + L1 combined.

As i mentioned earlier my case is still pending (i.e. Initial Review) not approved by USICS. And i am in india right now.

And now i want to transfer my visa to some other company even though i am in India right now.

1q) is the Transfer possible ?

2q) or, am i eligible to apply for new visa through company B under new CAP

[shervin143]

1q) is the Transfer possible ?
>>> Transfer is a term used when you already have an approved H1B petition which you want to transfer to a different employer using the same CAP. If you don't have an approval notice in hand, then there cannot be a transfer. The new employer will need to file a new H1B petition under a NEW cap.

2q) or, am i eligible to apply for new visa through company B under new CAP
>>> Yes.

[Honeq]

>>>The new employer can file a new petition under he current CAP (Give them a copy of your existing approval notice) and request an immediate start date.

So, Even though I Am in India, I can transfer my visa to other employers showing my H1B extension approval?

[shervin143]

So, Even though I Am in India, I can transfer my visa to other employers showing my H1B extension approval?
>>> Yes.

[Honeq]

If you transfer your existing CAP, then you don't need to wait until April 1st to file under a new CAP and you don't need to wait until Oct 1st to start working. The new employer can file a new petition under he current CAP (Give them a copy of your existing approval notice) and request an immediate start date.

In addition to the above post, i want to ask you one more question.

If i apply through company B under new CAP(i.e 2011-12) showing my h1b approval notice from company A and request for an immediate start date, I need not wait until new Oct 1st to go for stamping ?

Will they consider me as a old guy with new petition under new CAP(with company B) and let me to give interview to start with company B/ travel to US immediately?

[shervin143]

Here is the basic concept. You can travel to U.S in H1B visa only 10 days prior to the H1B effective date.

If the petition is filed under the new CAP, then you can take the visa interview anytime after the petition gets approved. However, you cannot travel to U.S until 10 days prior to the H1B effective date. If you file under the new CAP, then your H1B will not be effective until Oct 1st. In such case, you cannot travel to U.S until September 22nd.

In addition to the above post, i want to ask you one more question.

If i apply through company B under new CAP(i.e 2011-12) showing my h1b approval notice from company A and request for an immediate start date, I need not wait until new Oct 1st to go for stamping ?

Will they consider me as a old guy with new petition under new CAP(with company B) and let me to give interview to start with company B/ travel to US immediately?