Transfer of H1 even before joining the company

[kirankumar19]

Hello all,

I am working in an MNC in India.

I got H1B visa recently from a u.s company (directly from company, no consultants in between) and decided to leave my present company.

After informing them about my leaving decision and reason for leaving, my present company want to retain me by offering a position in u.s.

1) Can i transfer my H1 to them directly from India ? or should I go to U.S and do this ?

2) Can the U.S company revoke this visa, if I inform my decision to them from India ? Can they revoke any time ?

3) They are ready even for sponsoring L1 for me. If I apply for L1, what will happen for my H1 visa ? will it be still intact ?

Thanks,
Kiran

[kabkaba]

Hello all,

I am working in an MNC in India.

I got H1B visa recently from a u.s company (directly from company, no consultants in between) and decided to leave my present company.

After informing them about my leaving decision and reason for leaving, my present company want to retain me by offering a position in u.s.

1) Can i transfer my H1 to them directly from India ? or should I go to U.S and do this ?

Yes, current company can file a cap-exempt petition with immediate start date using other employer's approval notice. If approved you can then apply for a visa at a consulate (or use your current visa if you have one in your passport) and travel to US to work for current employer.

2) Can the U.S company revoke this visa, if I inform my decision to them from India ? Can they revoke any time ?

They may or may not revoke their petition. But it will not concern you. You will remain cap-exempt until you finish 6 years in the US in H1 status.

3) They are ready even for sponsoring L1 for me. If I apply for L1, what will happen for my H1 visa ? will it be still intact ?

As stated above, you will remain cap exempt. Time spent in the US in L1 status also counts against 6 year H1 limit.

Thanks,
Kiran

see above.

[kirankumar19]

That answers my questions....Thanks kabkaba.....Sorry for the late in reply...Out of station..