H1B Visa Transfer In India _Need Urgent Help

[NiharRanjan]

Hi -
I was in USA with my H1B visa last year and now i came back to India.Now I am working with Company -A In India and my H1B Visa is still valid.Now I got an offer from Another Comapny B in India.I need to Transfer my H1B Visa from Comapny A to Company B.Now I have only 1 month of Notice period with Comapny A and I need to ask Comapny B to Iniciate the Visa transfer process.Could you Please help me and answer my below querries.

Note : Comapny A Will Cancel My H1B Visa immidieatly after I Quit from the Comapny and will take all the Visa documents.

1. If The Visa transfer is possible while i am in India ? Both comapny A and B are in
India .
2.When we can Initiate the Visa Transfer Process ? After Joining Company B or Now
itself We can initiate the Process ? (Company A will Cancel My Visa once I am not in
comapny A )
3. How Long it will take to get the approval for H1B visa transfer ?
( Now I have Only 1 Month in my hand )
4. If comapny A will cancel my Visa ,How long it will take to cancel ,i mean upto how long My visa will be valid and i can initiate my Transfer process.
5. If The Comapny B Just initiate the process and imideatly comapny A applied for cancel my H1B visa before i get the Transfer approval ,Is this will impact to the Visa transfer process and if
there is any chance to reject my Visa transfer ?
6. Please suggest me what i should do in such case ?

Thanks In Advance.

[shervin143]

1. If The Visa transfer is possible while i am in India ? Both comapny A and B are in
India .
>>> H1B petition has to be filed by a U.S company. If Company B has offices in U.S, then they can initiate a H1B transfer. And yes, it is possible when you are outside U.S.

2.When we can Initiate the Visa Transfer Process ? After Joining Company B or Now
itself We can initiate the Process ? (Company A will Cancel My Visa once I am not in
comapny A )
>>> It can be done now or after joining them.

3. How Long it will take to get the approval for H1B visa transfer ?
( Now I have Only 1 Month in my hand )
>>> It will take 2-3 months by normal process and 15 days by premium. Howmuch time is left inyur current petition doesn't matter for the H1B transfer.

4. If comapny A will cancel my Visa ,How long it will take to cancel ,i mean upto how long My visa will be valid and i can initiate my Transfer process.
>>> Company A can only cancel the petition. Not the visa. Even if they cancel the petition, you can still file a new H1B petition using the CAP from your previous petition and request an immediate start date.

5. If The Comapny B Just initiate the process and imideatly comapny A applied for cancel my H1B visa before i get the Transfer approval ,Is this will impact to the Visa transfer process and if
there is any chance to reject my Visa transfer ?
>>> Company A can cancel their petition anytime. It just means, you cannot work for that employer in H1B status in U.S. It doesn't prevent you from working for any other employer by transferring the petition.

[NiharRanjan]

H1B Visa Transfer In India _Need Urgent Help

Thank You very Much shervin143

Could you also please let me know ,

1. How much cost will be for Premium Transfer Process.
2.As You mentioned " Company A can only cancel the petition. Not the visa. Even if they cancel the petition, you can still file a new H1B petition using the CAP from your previous petition and request an immediate start date " .....My qn is

.If they will cancel Imideately the petition and i can file a new H1B petition but If there is any risk ? I mean if this is only just a matter to file a new H1B petition and get it Or it will be a long process with Interview as we do to get a new H1B visa and there may be chance of rejection .?

3. Can I ask my new employer to start initiate the transfer process and let the current employer cancel my Petition after a week ?

4.My Current employer will take all oriinal H1B petition Papers ,I will take a photo copy of all documents ,if the photo copy is ok for initiate the transfer process or i need original papers?


Thanks In Advance.

[shervin143]

1. How much cost will be for Premium Transfer Process.
>>> Additional $1250.

2.As You mentioned " Company A can only cancel the petition. Not the visa. Even if they cancel the petition, you can still file a new H1B petition using the CAP from your previous petition and request an immediate start date " .....My qn is

.If they will cancel Imideately the petition and i can file a new H1B petition but If there is any risk ?
>>> There is no risk.

I mean if this is only just a matter to file a new H1B petition and get it Or it will be a long process with Interview as we do to get a new H1B visa and there may be chance of rejection .?
>>> The employer will have to file a new petition with USCIS using the CAP from the existing petition (so you don;t have to go through quota again). If the petition gets approved, you can use the approved petition for the new employer along with a valid H1B visa to enter U.S to work for that employer. If you don't have a valid H1B visa on the date of your travel, then you need to get the visa stamped based on the approved petition.

3. Can I ask my new employer to start initiate the transfer process and let the current employer cancel my Petition after a week ?
>>> It doesn't really matter as long as you have a copy of the current approval notice.

4.My Current employer will take all oriinal H1B petition Papers ,I will take a photo copy of all documents ,if the photo copy is ok for initiate the transfer process or i need original papers?
>>> Photocopy is enough.

[Tonis]

Transferring unused H1B visa after cancellation

Sir,

I did not come to the US at all after I got the H1B visa stamping. Now the sponsor has cancelled the visa. Meanwhile a new employer has come forward to transfer the visa. Will there be any issue in transferring the cancelled, unused H1B visa? Before applying for transfer, do I have to inform my new employer that my visa/petition got canelled?

I would appriciate your prompt response. Thanks in advance.


Thanks,
Tonis
India

[raghvi]

Sir,

I did not come to the US at all after I got the H1B visa stamping. Now the sponsor has cancelled the visa. Meanwhile a new employer has come forward to transfer the visa. Will there be any issue in transferring the cancelled, unused H1B visa? Before applying for transfer, do I have to inform my new employer that my visa/petition got canelled?

I would appriciate your prompt response. Thanks in advance.


Thanks,
Tonis
India

No issues transferring the visa.

Also, would appreciate that instead of appending to an old thread you start a new thread in future.

This is my opinion not legal advice.

[Tonis]

H1B Transfer after it was revoked

Thanks Raghvi for prompt response. I will surely start a new thread next time.

Thanks a lot.


Tonis
India

[sandeep.dingria]

I have only passport with Visa, nothing else, can new employer still transfer it

Please help, I have only passport with visa stamped, nothing else. Is it still possible for my employer to transfer the H1B visa. All other docs are with my prev employer.

[pmukherjee123]

H1 B Visa transfer from India

Hi,

Sorry I could not find any link to start a new thread hence continuing here as this seems relevant.

I have a H1B filed for myself under company A . This is a consulting firm who raises petitions on behalf of people like me who wish to get their own visa filed. My H1B is approved and I have the I797 copy . However , I have not attended stamping as I require a client letter to do so . Currently looking for a job in US ( me being in India ).


Can I take up a job in company B , who are willing to recruit me as their full time employee , get the visa transferred from A to B , and travel to US ?

1. What are the risks in doing so ?

2. Is it mandatory to show last three months paystub for current employer before change of employer can occur ? If this is the case then I will not be able to explore this option as I have never travelled to US and do not have paystubs under company A yet. Please confirm .

3. If in case answer to above is "No" , then if I got for change of employer and the request gets rejected , do I lose my current employer and current approved H1B status ?



Please respond. Many thanks in advance.

Regards,
PM

[deshpandenr]

Neelamkumar

Hello, sorry could not find option to start new thread.

I recently shifted my Job in US. My stamping is valid till Sep 2016, same is
for my Spouse & Son. I have the receipt number of new H1 filed by my current
employer. My family is in India currently. Can they travel to US with valid
stamped Visa & receipt number of filed H1 visa from new employer.
Similarly can I travel with the receipt number, or need actual I747, as it
might take 2 months

[shervin143]

You should not travel when the transfer is in progress. If you travel, then transfer might get denied. It is advisable that your dependents travel only after you receiving the approval notice for the transfer. If you are in hurry, then there is a premium process that will get you the result within 15 days.

Hello, sorry could not find option to start new thread.

I recently shifted my Job in US. My stamping is valid till Sep 2016, same is
for my Spouse & Son. I have the receipt number of new H1 filed by my current
employer. My family is in India currently. Can they travel to US with valid
stamped Visa & receipt number of filed H1 visa from new employer.
Similarly can I travel with the receipt number, or need actual I747, as it
might take 2 months

[Teja Konduri]

Company B can sponsor the h1 even if you do not have paystubs.(it is not a problem as you have not travelled yet.) You need to be careful that your Company 'A' should not revoke original petition by the time company B's petition is submitted at uscis.

Hi,

Sorry I could not find any link to start a new thread hence continuing here as this seems relevant.

I have a H1B filed for myself under company A . This is a consulting firm who raises petitions on behalf of people like me who wish to get their own visa filed. My H1B is approved and I have the I797 copy . However , I have not attended stamping as I require a client letter to do so . Currently looking for a job in US ( me being in India ).


Can I take up a job in company B , who are willing to recruit me as their full time employee , get the visa transferred from A to B , and travel to US ?

1. What are the risks in doing so ?

2. Is it mandatory to show last three months paystub for current employer before change of employer can occur ? If this is the case then I will not be able to explore this option as I have never travelled to US and do not have paystubs under company A yet. Please confirm .

3. If in case answer to above is "No" , then if I got for change of employer and the request gets rejected , do I lose my current employer and current approved H1B status ?



Please respond. Many thanks in advance.

Regards,
PM