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H1B Transfer - I797B

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  • H1B Transfer - I797B

    Hello,

    I have a H1B sponsorship from my current employer in India and I have received I797-B only. My questions are:

    1. Is it possible to seek another employer in US when I'm there and get this transferred to the same ? Do I need to return to India in that case ?

    2. Is it possible to apply for transfer in case I have not worked in US ?

    3. Is there any special provisions for inter company transfer with H1B, like restrictions on taking another employment ?

    Thanks in advance.

    Kind Regards // Shaubhik

  • #2
    1. Is it possible to seek another employer in US when I'm there and get this transferred to the same ? Do I need to return to India in that case ?
    >>> Yes. If the transfer is approved with a new I-94 (attached to the approval notice) then you can continue to work for the new employer. If the transfer gets approved without a new I-94, then you need to leave U.S and enter back with the new company's approval notice. You can use the existing valid H1B visa to enter U.S (Even if it is stamped for a different employer).

    2. Is it possible to apply for transfer in case I have not worked in US ?
    >>> Yes.

    3. Is there any special provisions for inter company transfer with H1B, like restrictions on taking another employment ?
    >>> I am not sure what you are trying to ask. L1 is for intra company transfer. Not H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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