H1-B Visa Transfer While working in India

B

brightab

New Member
Hi,

At the outset i would like apologize if this sounds like an oft repeated query .
(In case any of the seniors have answered similar queries in past links to those pages will also be of great help)

I had a query regarding transfer of H1-B visa transfer.

Background:

I had got my H1-B visa from Company A in India and had gone to work for one of their clients in the US 2 years back (worked there for about a year).
However i had to return back to India last year and i am currently working in India for the last 1 year. The Company A had also filed for my H1-B extension and i recently got it stamped in Chennai (visa valid till Sep 2009); however they currently posses the original set of petition papers (i have a copy though).
I now wanted to move to another company B in India itself . My query was.

Queries :

1) Can i transfer my H1 B visa to from company A to company B while i am in India itself? Can anyone please outline the process that happens for an H1 transfer while in India ?

2) How long will each step in the process take?

3) If yes what are the documents that i may need for this

4) What should be the ideal sequence of events that i need to follow to

Ask the Company B to start the proceedings for my Transfer --> Once i get the confirmation in the form of a reciept from USCIS (dont know if this is possible) give the notice to Company A (?) --> Server the notice period in Company A and join Company B.

5) As the original Petition papers are with Company A , Can they refuse to hand over the petition papres and instead decide to cancel/revoke etc ?

Any info on the above would of great help for me.

regards

Abraham
 
Answers below:

1. Never heard of that ... a new H-1B is required for such cases.
2. H-1B transfer or new H-1B processing can take anywhere between 3 to 5 months.
3. In general please read here for document list.
4. Yes.
5. Try with photocopies instead ... inform them only when you get the receipt.
 
Hi,
Thanks for the info however i was a a bit confused

you said a new H1 B is required in the answer to question 1, does that mean that Company B will be applying for a new H1 B visa on my behalf, if so then under which cap will it fall. Will it be in the 2009 cap (i.e will open shortly) or will it be counted as part of the original cap (i.e. when the visa was obtained by Company A in 2004) ?

Also a few consultanting companies had contacted me saying that they will transfer the visa to them and that i will be recruited as a employee to work on projects in the US ? are they also gonna apply a new visa ?

regards
Abraham
 
If a new H-1B is applied then it is subjected to numerical cap.

Once again, I do not know whther an employer can transfer a H-1B visa when the beneficiary is outside of the U.S. and not received any paystubs from the current H-1B holder.

Can anyone add here please?
 
As always, confusion is the term "transfer". There is nothing to transfer. All the H1 petition is NEW petition which is filed by employer(it's not your petition, but employer's petition). It doesn't matter where you are because it's an employer's petition. Only requirement for quota exemption is whether you were on H1 within last 6 years, and there is no rule such as that you have to remain in the US to get that benefit.

Only issue I can see is H1 approval notice is not in your hand..YOu have to show that you were on H1 before.. You may need previous H1 approval notice, or old I-94 copy, old paystubs, or H1 stamps etc.. I haven't done it, so not sure what document they'll ask for previous H1 evidence.
 
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