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  • H1B transfer query

    Hi,

    Currently i have a valid H1B visa from Company "A" in India. Due to some situations i couldn't fly to U.S still i am working in India. Now i got an offer from Company "B", Company "B" are willing to send me U.S. i am planning to move from Company A to B.
    Before moving from Company A to B, I Spoken to company "A" HR regarding my H1B transfer. She(HR) said our company will not accept the H1B transfers, if you leave this company your H1B will not transferable this is our company policy and if you want to go U.S you need to apply new H1B again from your Company "B" is that True?

    Also Company "B" is ready to initiate for H1B transfer, is there any approvals required from Company "A"? Did Company "A" knows that Company "B" raised a request for H1B transfer of my old Petition?


    Would really appreciate any help in this direction.

    Thanks in advance!

  • #2
    Currently i have a valid H1B visa from Company "A" in India. Due to some situations i couldn't fly to U.S still i am working in India. Now i got an offer from Company "B", Company "B" are willing to send me U.S. i am planning to move from Company A to B.
    Before moving from Company A to B, I Spoken to company "A" HR regarding my H1B transfer. She(HR) said our company will not accept the H1B transfers, if you leave this company your H1B will not transferable this is our company policy and if you want to go U.S you need to apply new H1B again from your Company "B" is that True?
    >>> If you want to work for company B in U.S, then company B need to file a new H1B petition for you and it should get approved. The only benefit is, you don't have to go through quota again. You can use the CAP from your previous H1B approval notice to file a new petition with employer B. Just give employer B a copy of your previous H1B approval notice and they will know what to do. This will work even if employer A revokes their petition. You simply cannot use employer A's petition to work for employer B.

    Also Company "B" is ready to initiate for H1B transfer, is there any approvals required from Company "A"? Did Company "A" knows that Company "B" raised a request for H1B transfer of my old Petition?
    >>> There is nothing required from employer A. You just need a copy of your existing H1B approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

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