H1-B Transfer

[nishantaec]

Hello,

I have valid H1-B visa from Employer A till Dec 2012(Issue Date: Nov 2011). I have visited US once for 1.5 months.
Now, I am back in India and changing my employer to Employer B.

1. Can I get my H1-B transferred to Employer B from India?
2. If yes, kindly let me know the process.
3. Is there any time limit till when it can be transferred(till visa expiry date,etc)

[kabkaba]

Another employer can file a cap-exempt petition for you at any time during the next 6 years. (6 years from the first time your H1 petition was approved). Overall, you are entitled to 6 years minus any time spent in the US in H1 or L1 status.

After petition is approved, if your Visa in your passport is valid you can use that and the new petition approval notice to travel to US and work for this new employer. If Visa has expired at that time you will need to apply for it at a Consulate using the new approval notice.

[nishantaec]

Thanks for the response.

Do you know what is the process for this h1B transfer? Does Employer B have to file a new I-129 and LCA?

[kabkaba]

The process is no different. The only difference in the so called 'transfer' is that the petition is not subject to annual cap.

[nishantaec]

Ok.

One one of the other website I found about Lawful admission to US for H1B transfer.

Lawful admission into the US: The nonimmigrant worker must have been lawfully admitted into the United States;

Any idea about this one? Does it mean I cannot get it transferred from India?

[kabkaba]

That applies to the person who is already in the US. It does not apply to you. Just approach your employers with the knowledge that you are cap-exempt and they will take care of the rest.