Can a fresh H1 B unused Visa be transferred outside US- urgent

[aspirantal]

Hi All,

I have received a H1 B Visa stamping from one of the employers who directly recruited me from the US in this year ( 2012 -2013 ).

I am currently working for a company in india who after realizing that I will leaving for the above company, offered me the same benefits & package at their US location. My question is about whether my current employer in india can transfer the H1 B visa which is valid until 2015 to their name from outside US ( india ) and will it also be cap exempt as I havent travelled to the US on this visa?

I am worried that if my visa isnt cap exempt to be able to apply from my employer in india, I might have to wait until next October to be able to start working in the US.

Any quick information regarding this would be deeply appreciated.

if its cap exempt, do I have to go to the interview again?

Thanks

 

[easteuropean]

Hi All,

I have received a H1 B Visa stamping from one of the employers who directly recruited me from the US in this year ( 2012 -2013 ).

I am currently working for a company in india who after realizing that I will leaving for the above company, offered me the same benefits & package at their US location. My question is about whether my current employer in india can transfer the H1 B visa which is valid until 2015 to their name from outside US ( india ) and will it also be cap exempt as I havent travelled to the US on this visa?

I am worried that if my visa isnt cap exempt to be able to apply from my employer in india, I might have to wait until next October to be able to start working in the US.

Any quick information regarding this would be deeply appreciated.

if its cap exempt, do I have to go to the interview again?

Thanks

The visa in your passport (which is issued at a consulate) doesn't need to be transfered - it can be used with the new employer. However, what needs to be transfered is I-129 petition. The new employer needs to a file a I-129. Until it gets approved, you won't be able to enter the U.S. (unless you enter and work for the old employer - just entering and waiting for the pending petition to go through in the U.S. is not okay).

You only need to worry about the cap if the old petition was not subject to a cap (some types of employees are cap-exempt). If the old petition was counted as part of the H-1B cap, then the transfer petition is not subject to any quota and can be approved as soon as USCIS processes it.