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  • H1B Visa Transfer

    Hi,
    I am currently in my home country India and working with indian company, I have valid H1B visa (upto Oct2012) processed by my currently employer. I have travelled to US on h1B visa only for 1 month have only 1 payslip. I would like to know the following related to H1B transfer:
    - If I change my employer in my home country (India), Can my H1B legally transferred to new employer? If yes what is the procedure for this.
    - Am I eligible to apply for jobs in US and join new employer if I am selected?
    Please help.
    Thanks!!

  • #2
    Any other employer will have to file a petition for you and after approval you can use the existing Visa in your passport to travel to US to work for that employer. The petition will not have to go through the annual cap because you are already cap counted and you have not used 6 years.
    This is my opinion and not legal advice.

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    • #3
      If I change my employer in my home country (India), Can my H1B legally transferred to new employer? If yes what is the procedure for this.
      >>> Possible. The new employer will need to file a new H1B petition using the CAP from the existing petition (You don't have to go through quota again until you complete 6 years in that CAP). The petition should get approved to travel and work for that employer.

      Am I eligible to apply for jobs in US and join new employer if I am selected?
      >>> You can apply for jobs with companies who can sponsor the H1B for you. If selected, the ecompany will need to initiate a H1B transfer. Once you receive the receipt notice, you are allowed to join the new employer. However it is advisable that you join the new employer only after a successful H1B transfer. Otherwise, in case of a RFE or denial of H1B transfer, you will have to exit U.S.
      Not a legal advice. Use of this information is strictly at your own risk.

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