H1-B Transfer request from outside US

[Dharma21]

My cousin has a valid H1-B visa for 2 more years and is currently outside the US for the past 5 months. He is planning to change his employer and wants to file for a new H1-B through a new company. Does one have to be physically be present in the US to file for a H1-B transfer?

In case he can apply for a new H1-B from outside the US can he come to the US on the previous employer's visa or does he have to go for stamping again.

Any help is greatly appreciated!!!

Thanks,
Dharma

 

[great guru]

z

My cousin has a valid H1-B visa for 2 more years and is currently outside the US for the past 5 months. He is planning to change his employer and wants to file for a new H1-B through a new company. Does one have to be physically be present in the US to file for a H1-B transfer?

For H1 transfer you must have valid I 94 card, which can be obtained if you enter in to US only. Your cousin case he can get new H1 without any quota issue referencing his old h1 while staying out side US, but he must get his visa stamped in US embassy(old visa in the pp will be cancelled, while issuing the new one) before joining his new company.

In case he can apply for a new H1-B from outside the US can he come to the US on the previous employer's visa or does he have to go for stamping again.

Any help is greatly appreciated!!!

Thanks,
Dharma