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Transfer H1-B Visa

Rahul Juneja
Ranch Hand

Joined: Aug 03, 2002
Posts: 425
Hi,

Just wanted to know. Suppose I am working with a Company named XYZ in India which has its office in U.S. and I file H1-B Visa from my company which is valid for 6 years. And in the some months I leave the company and join some ABC Company in India who wanted to send employees to U.S. Will my H1-B visa be valid and usefull to my new Company ABC. Can it be transferred and used by my new Company ? If possible what is the process for all this. and For transferring do we need to take permission from my Old company XYZ, where XYZ has not ordered my cancellation of VISA.

Any suggestions appreciated. Please do also provide me with links related to this Query.

Thanks,
Rahul Juneja
rahulj2k3@yahoo.com


Rahul Juneja
ThoughtClicks - http://techlabs.thoughtclicks.com
Rashmi Banthia
Ranch Hand

Joined: Dec 22, 2003
Posts: 79
I think in India many companies file H1B or L1 for employees. (I don't know how exactly they function, mine was also filed once upon a time) To my knowledge you will not be able to transfer. Do you have visa papers OR actual visa in hand ?? When you leave the company will they give you I797 and I129 ?? You might want to check this on legal forums.
Good Luck!

--Rashmi
Dmitry Melnik
Ranch Hand

Joined: Dec 18, 2003
Posts: 328
Suppose I am working with a Company named XYZ in India which has its office in U.S.
and I file H1-B Visa from my company which is valid for 6 years.


...actually it's valid for 3 years, then it could be renewed for 3 more years without
leaving the US. No more renewals after that, unless I-140 has been filed for you.

And in the some months I leave the company and join some ABC Company in India who
wanted to send employees to U.S.


So, you have a valid H-1B visa, and you are still in India, right? There is a theory,
that if you do not enter the US within 6 months after you have got an H-1B visa, you
will have problems entering the US.

Will my H1-B visa be valid and usefull to my new Company ABC.

With the H-1B visa sponsored by the XYZ you are allowed to work for XYZ only
in the US. And you can not legally work for any other company. You still can enter
the US with the XYZ sponsored visa, but then you must start working for XYZ within
10 days. Otherwise you violate your staus.

Can it be transferred and used by my new Company ?

H-1B visa transfer works only for ones who are already working in US.
If you are not (I suppose you are in India now, right?), then is a brand new
application, and subject to quota.

If possible what is the process for all this.

The paperwork is pretty similar to one for applying for a brand new H-1B, but
everything done by mail, and is being processed within the US, and faster.
No interviews.

For transferring do we need to take permission from my Old company XYZ,

Not at all. They do not have to know until you resign.

where XYZ has not ordered my cancellation of VISA.

They supposed to cancel your visa after you quit.
Inuka Vincit
Ranch Hand

Joined: Aug 10, 2004
Posts: 175
I am confused as to why you need an H1-B if you are working in India.

Even if your company hasnt canceled your visa, it is not supposed to be valued after approximately 30days(all its not set in stone, ambigous and nobody realy knows type thing but use it as kind of a rule of thumb).. you can do a H1-B transfer as long as the company your are currently working for will sponser you.

But since your outside of the US your H1B is reset.

check www.murthy.com , they have a very good forum and FAQ


MCP (C# application dev 70-316) 860<br />SCJP 1.4 100% SCJD (URLyBird) 378<br />MAD 100% nuts
Rahul Juneja
Ranch Hand

Joined: Aug 03, 2002
Posts: 425
Thanks guys !

The Question I am asking is as I am looking to move to US with H1B Visa.


Thanks,
Rahul Juneja
Dmitry Melnik
Ranch Hand

Joined: Dec 18, 2003
Posts: 328
I am looking to move to US with H1B Visa.

Then get one and move. If you find other company willing to sponsor H-1B there, you'll be able to transfer visa and switch the job.
 
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