H1B change of employer without entering US.

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Mahesh123

New Member
I am currently working in India. My H1B (first H1B) is approved from
company A (Start date Oct 1st 2007). I have an offer from Company B,
and would like to work for them. Can Company B file for H1B transfer or file
a new H1B petition without me having entered US? Will this application be
subject to H1B Cap? Will this go through consular processing? If so, will
I get to choose the consulate in India?

What are the other alternatives that can help me join Company B asap,
with and without entering US through Company A?
 
Hi,

I heard from few consulting companies claiming this is possible. You need not have your visa stamped, only with the H1B petition you can transfer to a new company.

But many people are not aware. Even I am not sure how this is possible.

People in this forum can throw some light.

thanks,
Cibi.
 
You have approved H1B form I 979B with you from Company A, which says clearly " This form is not a visa and may not be used in place of Visa".
This is a piece of paper when you are out side US, until you get your visa stamped and enter into US and obtain I 94 card "with caveat H1B" at port of entry, until then you do not have any H1 status with you.

Without having H1 status with you, you can not transfer your H1 status to another company.

Company B can apply your 'new' H1 while you are outside India with a copy of company A, H1 (Provided company A does not revoke or cancell your H1) as a proof that your visa approval went to quota system once and not used. So that that you can avoid quota issue. But you need very good attorny to do this procedure,but time consuming.

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Mahesh123 said:
I am currently working in India. My H1B (first H1B) is approved from
company A (Start date Oct 1st 2007). I have an offer from Company B,
and would like to work for them. Can Company B file for H1B transfer or file
a new H1B petition without me having entered US? Will this application be
subject to H1B Cap? Will this go through consular processing? If so, will
I get to choose the consulate in India?

What are the other alternatives that can help me join Company B asap,
with and without entering US through Company A?
Click to expand...
 
great guru said:
Company B can apply your 'new' H1 while you are outside India with a copy of company A, H1 (Provided company A does not revoke or cancell your H1) as a proof that your visa approval went to quota system once and not used. So that that you can avoid quota issue. But you need very good attorny to do this procedure,but time consuming.

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Click to expand...

Thanks a lot.

Can you please let me know (roughly) how long will this approval take? Also
will this go through consular processing? If so, can I choose the consulate?
 
Last edited by a moderator:
Mahesh123 said:
Thanks a lot.

Can you please let me know (roughly) how long will this approval take? Also
will this go through consular processing? If so, can I choose the consulate?
Click to expand...
No such thing as consular processing. H1 is not your application, but company's. Company files it at USCIS in the US.
 
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