Transfer H1B before first entry?

sanju_r33

New Member
Hi,

I am currently working in India.
I have got H1B visa through my company.

But since my company doesn't have any US projects now, they do not send me to US.

Kindly tell me if I can find a new employer in US sitting in India, do a visa transfer and join them in the first entry?

Thanks in advance,

Sanju
 
A "transfer" requires that you be in status in the US. A new employer can file a new petition not under cap.

Given the record unemployment in the US, if your original employer was legitimate and had no position for you, it is unlikely that there is need of someone with your credentials at this time. Do not enter unless you are sure of the position and legitimacy of the employer. There is an unemployment and underemployment rate of nearly 20% in the US at this time.
 
here's what you need to know about h-1b: The H-1B Visa is used by foreign professionals who are sponsored by a U.S. employer to work in a specialty occupation in the U.S. An H-1B visa is generally valid for three years and can be extended for an additional three-year period. An employer may sponsor an H-1B employee for a Green Card, if desired.
 
A "transfer" requires that you be in status in the US. A new employer can file a new petition not under cap.

That is not true. You don't need to be in the US, and you can definitely transfer to a new employer without starting working for the original one. I have done exactly that. However, if you're already in the US, you'll have to provide paystubs, which you won't have. So as long as you're trying to transfer to another employer while still abroad, or start working in the US, you should be fine.

Re the unemployment - shouldn't worry the guy. The tech unemployment is much lower than the general, and the situation is getting better.
 
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