H1B transfer dilemma!! Help!

S

shsandeep

Registered Users (C)
Hi all,

I have a H1B transfer query of a different kind. My H1B visa was stamped last year in Australia (by employer A) but due to lack of opportunities they will not send me to usa. I have a employer B ready in usa who is ready to transfer my h1b. My question is:

1. do i need to be physically present in usa during the transfer?
2. since i have not worked in usa, i dont have usa paystubs.... will the australia paystubs work for the transfer?
3. when i resign from company A, does company A revoke the h1b (assuming that the visa is not transferred yet)

Also, can I travel to USA for a vacation on a H1B?

Awaiting a reply. Thanks!

Cheers,
San.
 
1) No.
2) No paystubs are required unless you're in the US.
3) It's up to A, but if I remember correctly, employers are required to cancell it, though very few of them does it.

I don't recommend to travel to the US during application is pending, but it is not prohibitted by law.
 
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h1b transfer

Hi mate...

First of all - Thanks a lot for your reply!

Your last line confuses me a bit - 'I would not recommend to travel when the application is pending...'
My application is not pending...in fact, the H1B has been stamped on my passport.

Can I visit USA on this visa just for vacation purposes?
Once I reach there and roam around for a couple of months, will company B be successful in transferring the visa without my US paystubs?

Sorry if i am repeating a couple of questions, but i am just trying to clear out myself.
Thanks!

Cheers,
San.
 
Sorry, I misunderstood.

I read somewhere on this board that if you have never used that H1 stamp, you can not use it for other employer. Not very sure though.
 
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h1b transfer

Hi GotPR !
Thanks for your help yet again.

The conversation in the above link is a bit different from my case because I do not have a petition from company B. I will be travelling on the h1b stamped by company A only. Only after i enter USA legally, I will get company B to initiate the transfer for me.

Let me put my whole scenario together-
"I have h1b stamped by indian company A last year but I have never travelled to usa because I have been involved in a project in australia. Now, i want to move to usa but they dont have projects for me in usa. Therefore, I will travel to usa on company A's h1b visa and search for a job with some company B. Can this be a problem? "
Also, how long does it take for the entire h1b transfer to complete?
And how much does it cost to get the h1b transferred?

Thanks!

Cheers,
Sandeep.
 
If you are employed by A(which is in the US, not the one located in Austraria or India), you can enter with H1 stamp you have.

Transfer takes 15 days to more than a year, it's difficult to say, but you can join new employer once transfer gets filed.
The cost is the same as new H1(between $1200 and $2000 depending on your employer. Plus lawyer fee which varies).
 
thanks!

Thanks mate!
All your inputs have been very helpful.

These should keep me quiet for some time!!

Cheers,
Sandeep.
 
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