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  • H1B Transfer while in India

    Hi Seniors I need an urgent help, Please help me.

    I have a H1B visa from company A, I have not travelled to US on my Visa, I am trying to look out for an employer who could transfer my Visa, I got few offers but neither of them are ready to transfer, they are giving an Excuse that they cannot transfer my petetion unless I travel to US with my visa and maintain H1B status.
    I have gone through few web sites and forums and understood that the H1 Visa transfer can be done even if we don't travel and maintain a Status. I would like to know is this information correct and if there is any difference in filing a new petition while in US and while in India(with out travelling) or if the US laws are changed recently.

    Please help me out in this.

  • #2
    Nothing has changed. Any U.S employer should be able to file a new H1B petition using the CAP from the previous H1B approval notice. The term "Transfer" is just misleading here. Since you already had an H1B approval notice, you don't need to go through the CAP again or wait until Oct 1st to start working. Any employer with a good immigration team will know how to file a new petition using the old CAP and request an immediate start date. Look for good employers.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Nothing has changed. Any U.S employer should be able to file a new H1B petition using the CAP from the previous H1B approval notice. The term "Transfer" is just misleading here. Since you already had an H1B approval notice, you don't need to go through the CAP again or wait until Oct 1st to start working. Any employer with a good immigration team will know how to file a new petition using the old CAP and request an immediate start date. Look for good employers.
      Thanks for the update sherin

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      • #4
        If you are a java resource having H1B, i can help you to get your visa transferred and work in USA.
        I'm also having H1B and my current employer is going to file transfer for me and they are looking for more H1B Java resource.

        Please let me know if you are interested.

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