H1b transfer

R

Reenajaya

Registered Users (C)
Hi,

I am currently in US in H4. I came here in Sept 2006. I had applied for H1b in April 2006 while I was in India. Since I was in India when I filed for H1b, my approval notice says I need to get h1b visa stamping from chennai . I was told I cannot start working in US now unless I go to India and get H1b stamped. So i planned to go to India to get H1b stamped from the US consulate in chennai. But my employer wants me to keep postponing my trip to get stamping bcos he seems to have some internal issues. I have waited for a long time. I want to know if it is possible for me to get my H1b approval transferred to another employer who is willing to transfer it. Since got my approval already in 2006, I understand I m already counted in that years cap. Since I have been in H4 and have not got H1b stamped yet, I have never been in H1b status and dont have a single pay-slip.
1) Is it possible for me to get my H1b transferred to another employer.
2)If yes, will I get it as a status change from my current h4 to h1b or will it still require me to go to India and get a stamping?

Thanks
 
First of all you are not an H1 status now, so you can not transfer. H1 transfer is allowed between H1 status to H1 status.
Your H1 approval notice neither a visa nor a status.

Unless the approved H1 is activated (visa stamped and enter US with I 94 caveat "H1B"), there is no use of the papers.

You can request your company attorney to amend the already approved H1, to get a I 94 with it, may take several months.(as a change of status from H4 to H1).

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Reenajaya said:
Hi,

I am currently in US in H4. I came here in Sept 2006. I had applied for H1b in April 2006 while I was in India. Since I was in India when I filed for H1b, my approval notice says I need to get h1b visa stamping from chennai . I was told I cannot start working in US now unless I go to India and get H1b stamped. So i planned to go to India to get H1b stamped from the US consulate in chennai. But my employer wants me to keep postponing my trip to get stamping bcos he seems to have some internal issues. I have waited for a long time. I want to know if it is possible for me to get my H1b approval transferred to another employer who is willing to transfer it. Since got my approval already in 2006, I understand I m already counted in that years cap. Since I have been in H4 and have not got H1b stamped yet, I have never been in H1b status and dont have a single pay-slip.
1) Is it possible for me to get my H1b transferred to another employer.
2)If yes, will I get it as a status change from my current h4 to h1b or will it still require me to go to India and get a stamping?

Thanks
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