H1 Transfer (by sitting in India)

P

ppuri

New Member
I got my fresh H1-B stamped last month, which was sponsered by CompanyA in US. Now I do not want to join CompanyA but I have offer from CompanyB in US. Although, CompanyB is saying that they can get my H1 transferred to their name without myself joining to CompanyA first. So I just want to understand that is it possible for case of a fresh stamping also. And is it really true that this VISA can be transferred to CompanyB with myself sitting in India. As my VISA also has annotation of the name of CompayA and 787 also bears the name of CompanyA. Will I get a new 787, once CompanyB starts the transfer process or some other supporting documents. Please suggest that is it a feasible scenario or not, because most of my friends told me and even some of the companies told me that I will to first join CompanyA, stay with them for 2-3 months, get 2-4 pay stubs and think of a transfer. Please help.

Thanks,
Peush Puri
 
Again, the same misconception with "transfer".
There is nothing to "transfer". All the H1 petitions are the same whether it's brandnew, transfer, extension, change of status. Since employer can apply H1 when you are out of the US, employer can apply "transfer" when you are in India as "transfer' is nothing different from the new petition.

However, you MAY need to get new stamp in this scenario.
 
I have never traveled on my H1 yet so I'd this doubt because most of the employer also says that you will have to join your H1 sponser first then from there you we can apply transfer.

Somebody also told me the different route to join EmployerB i.e. I enter to US for joining EmployerA and does not join them at all and within 10 days of landing I join to EmployerB. Otherwise if I join EmployerA, I'll have to stay with them for 2-3 months for pay stubs. I do not how much is fact in this. But I want to understand that is it any IRS law that EmployerB can not apply transfer without myself producing 2-3 pay stubs.

thnx
Peush
 
I heard that visa stamp which was never used cannot be used for other employer, but I haven't seen the document or text that backs up.
SHould talk to a lawyer.
 
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