H1B transfer to US employer from India

[RaghavK]

Hello,

I'm holding H1B visa from my current Indian employer. I got a offer from US employer and they agreed to transfer my H1B to their company.

If I resign my current Indian company then they cancel my H1B. I do have H1B visa stamped on my passport and it is valid for 2 years.

Can anyone please help me for below questions.
1. If my employer cancels my H1B, will there be any issues to transfer my H1B to US employer. will my H1B visa be still invalid?
2. If transfer petition is approved for US employer then do I need to go for visa stamping again? or can I use the same visa?

Also In general, will there be any issues for transferring H1B from Indian company to US company?

Thanks in advance!

[shervin143]

1. If my employer cancels my H1B, will there be any issues to transfer my H1B to US employer.
>>> No issues.

will my H1B visa be still invalid?
>>> Employer can only cancel the petition and not the visa. The visa will remain valid until the expiry date specified or cancelled by the consulate. If the employer asks for your passport, don;t give it to them.

2. If transfer petition is approved for US employer then do I need to go for visa stamping again? or can I use the same visa?
>>> You can use the existing visa along with the new approval notice to enter U.S.

Also In general, will there be any issues for transferring H1B from Indian company to US company?
>>> No.

[RaghavK]

shervin143: Thanks a lot for answering my questions.

one more doubts...

My current employer also did transfer of my H1B to a new customer recently and I dont have this petition with me but I do have original petition with me(using which I filed my visa).

Can I transfer my H1B using original/first petition to a new employer? or Do I need all petitions?

[shervin143]

Initial petition is good enough for the transfer. But it is good to keep a copy fo all the approval notices that were issued to you as USCIS asks for it everytime you file a new petition with them. If you can get a copy of the amended petition, it will help you with your future petitions.

[RaghavK]

Thanks a lot!

[Sachin72111]

H1B transfer from India with revoked H1B

Initial petition is good enough for the transfer. But it is good to keep a copy fo all the approval notices that were issued to you as USCIS asks for it everytime you file a new petition with them. If you can get a copy of the amended petition, it will help you with your future petitions.

Hi,
First of all I thank you for all the efforts to clarify our doubts.

I have few questions.

I am working for Employer A in US and I have completed 4 years out of 6. I've resigned my job with Employer A and joining Employer B at India. The current H1B petition is valid thru Dec'16. I would like to return back to US after 1 year with Employer C. I have few doubts:

1) Will Employer A withdraw the petition once I resigned my job? If so, how will I get notified?
2) Can the Employer C able to transfer H1B even after Employer A's withdrawal?
3) If the Employer C wants to transfer H1B before Dec'16, will I be considered for 'no Cap' processing?
4) Current I have my Visa stamped in my passport until Dec'14. But, I have valid approved petition (I797) until Dec'16. In this case, Can we able to do H1B transfer from India even after A's withdrawal?

Any details on this would help me a lot. Thanks in advance.