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  • H1B TRANSFER Issue

    Hello All,
    I have some questions regarding H1B Transfer.

    I have my H1B with Employer A and I am planning to Transfer my H1B to Employer B next month and want to go for stamping in India.

    1) Is it possible to transfer H1B while I am in India?

    2) Once H1B transfer to Employer B, and after working for few months, can I come back to Employer A? or do I need to transfer H1B again to Employer A?

    Please help me with the answers.

    Thanks In Advance

  • #2
    1) Is it possible to transfer H1B while I am in India?
    >>> Yes.

    2) Once H1B transfer to Employer B, and after working for few months, can I come back to Employer A? or do I need to transfer H1B again to Employer A?
    >>> As per USCIS regulations, the employer is suppose to revoke the petition immediately after an employee quits the company. If your current employer has revoked the petition, then they will have to file the transfer back. Otherwise, the best option is to leave the country and return back on current company's approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Multiple H1 Petitions

      Thanks Much for the clarification Shervin,

      I got offers from 3 companies now and all are transfering(Filing) my H1B petition now.
      I am planning to go for stamping in India soon.

      1) Is it ok if I travel while H1B Transfer is going on?

      2) Incase if my stamping rejected/queried for one employer, can I go for stamping immeadiately with other employers approved petition?

      Thanks In Advance

      Comment


      • #4
        I got offers from 3 companies now and all are transfering(Filing) my H1B petition now.
        I am planning to go for stamping in India soon.

        1) Is it ok if I travel while H1B Transfer is going on?
        >>> It is never advisable to travel when a petition (transfer / extension) is pending with USCIS. Search and read about the posts that explains why it is not advisable to travel when transfer is in progress with USCIS.

        2) Incase if my stamping rejected/queried for one employer, can I go for stamping immeadiately with other employers approved petition?
        >>> Yes. You will have to withdraw the previous visa application and mention that in the new application that your visa was rejected before.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          H1 Transfer And Stamping Issue!!!

          Thanks Much Shervin for detailed reply.

          My new employer has filed my H1 Transfer this week and I'm planning for India vacation immeadilately after the H1 Transfer.

          Can I go for stamping with new employer approved petition without Paystubs with him? (I do have paystubs for my previous employer up to date).

          Is it gonna impact my chances of getting Visa??

          Thanks,
          In Advance.

          Comment


          • #6
            If you have worked for the new employer for at least 1 pay cycle, then you will need to show the pay slip from that company. If not, your previous pay slips will do (You still need to carry the previous employer's payslips - Advisable to carry at least last 6 months of payslips).

            Originally posted by jobetlinfo View Post
            Thanks Much Shervin for detailed reply.

            My new employer has filed my H1 Transfer this week and I'm planning for India vacation immeadilately after the H1 Transfer.

            Can I go for stamping with new employer approved petition without Paystubs with him? (I do have paystubs for my previous employer up to date).

            Is it gonna impact my chances of getting Visa??

            Thanks,
            In Advance.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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