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  • H1 B transfer ---- Urgent

    Posts: 5
    posted Thursday, April 28, 2011 5:06:32 PM 0
    Hi,

    Note: Company X and Y are Indian IT companies.

    I am currently working in Company X who has inititiated my H1B visa. I am working in India only and haven't travelled to US yet.
    I am planning to shift from company X to company Y in india.
    I am willing to travel to US after joining Company Y only.

    Queries:
    1. Is it possible to transfer H1B from comany X to company Y?
    2. Will company X allow me take H1B after resigning or will company X cancel my H1B?
    3. On my visa stamping my Company X name is printed?

  • #2
    1. Is it possible to transfer H1B from comany X to company Y?
    >>> Yes. Company Y will need to fille a new H1B for you using the existing CAP from your previous approval notice (Just give them a copy of your existing H1B approval notice) and request an immediate start date.

    2. Will company X allow me take H1B after resigning or will company X cancel my H1B?
    >>> That doesn't matter. Company Y can still file a new H1b using the existing CAP irrespective of whether Company X's petition is cancelled or not.

    3. On my visa stamping my Company X name is printed?
    >>> You can use the existing valid visa to travel when Company Y's petition gets approved.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you so much for ur immediate response....

      One more question..?

      My visa validity is upto AUG 2013 .... Company Y can file a new H1B by using the existing CAP anytime before my VISA expired or is there any time limit that company Y should file immediate after resigning to Company X ?
      Last edited by gprfaq; 05-06-2011, 10:35 AM.

      Comment


      • #4
        They can file it anytime. In order to travel to U.S to work for Company Y, you will need a valid approval notice (I-797) authorized to work for Company Y and a valid H1B visa in the passport (The H1B visa can be from Company X).

        Originally posted by gprfaq View Post
        Thank you so much for ur immediate response....

        One more question..?

        My visa validity is upto AUG 2013 .... Company Y can file a new H1B by using the existing CAP anytime before my VISA expired or is there any time limit that company Y should file immediate after resigning to Company X ?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          h1b

          thanks for your previous response .....

          One more clarification...

          If i get an offer letter from any company from US .. then what will be the process...?

          Comment


          • #6
            The company need to file your H1B petition and the petition should get approved. Once the petition gets approved, you can travel to U.S to wokr for that company. You can use the existing H1B visa (if you do have one in the passport) to travel. If you don't have a valid H1B visa, then you have to get the H1B visa stamped based on the approved petition from the new employer.

            Originally posted by gprfaq View Post
            thanks for your previous response .....

            One more clarification...

            If i get an offer letter from any company from US .. then what will be the process...?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Receipt Notice and Regular Processing Time

              Hi All,

              My check has been cleared from bank today on 23rd June. does that mean I can resign current company and join new company who filed my petition? or Do I have to wait for receipt notice to come.

              Doc sent: 16th June, 2011
              Check cleared: 23rd June, 2011
              Receipt Notice: haven't received yet.

              Thanks in advance
              Nishant

              Comment


              • #8
                Wait for the receipt notice. That is your official confirmation. Even though it is legal to join the new employer with just the receipt notice, my advise will be to wait until the transfer gets approved. If the transfer is rejected, then you will be in unnecessary trouble.

                By the way, post your question in a separate thread instead of at the top of someone else's question which was totally different.


                Originally posted by nkb1008 View Post
                Hi All,

                My check has been cleared from bank today on 23rd June. does that mean I can resign current company and join new company who filed my petition? or Do I have to wait for receipt notice to come.

                Doc sent: 16th June, 2011
                Check cleared: 23rd June, 2011
                Receipt Notice: haven't received yet.

                Thanks in advance
                Nishant
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment

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