Applying H1B from India

Hi,

My L1B blanket got rejected in January 2015 in my current organization. My organization is not willing to apply for any other visa type before October 2015 and they are not sure whether they can nominate me in next cycle or not. My husband is working in US on H1B, starting from Feb 2015. I have not got H4 processed as yet. Presently I am in India and planning to apply for jobs through H1B sponsoring company or through consultancy. I have below mentioned queries-:

  1.   Can I apply for US jobs from India?
    
  2.   If answer to query 1 is ‘Yes’, then suppose in case I get offer from H1B sponsoring organization, do I need to resign from my current company immediately? Is there any possibility wherein I can resign from my current organization only when I get Visa stamping done from my sponsoring organization?
    

Any help in this regard is highly appreciated.

  1.   Can I apply for US jobs from India?
    

YES

  1.   If answer to query 1 is ‘Yes’, then suppose in case I get offer from H1B sponsoring organization, do I need to resign from my current company immediately? Is there any possibility wherein I can resign from my current organization only when I get Visa stamping done from my sponsoring organization?
    

There is no relation to your current employer/job to your future H1 sponsorer etc. You can continue to work while any other employer files your H1 petition. You still can continue to work in your present job even after H1 approved and for ever. There is no impact on one other

Thanks for your response. I am bit confuse though. If I can’t apply from India then I would have to get H4 processed, leave my present job and go to US to search for job is it?

Hello,

  1. Yes you can apply for Us jobs from India. But you will not selected as you cannot join the company since you wont have any authorization to work in US.
    If you are so lucky, find a employer who can file H1 visa for you this year and take you in October 2015.
  2. assuming, H1 filing done and your petting is approved, complete the stamping process.
    You can do in two ways, take long term leave from your existing employer, travel to US and join the new company. since you already got an offer with the new employer, your resignation letters and experience doesnt matter unless you change the employer.

On another thought, quit the current company. Complet the exit process take your experience certificate…etc and travel to US.

One good way is/ If your petition is approved. Then you can do the transfer of H1 Visa by your Indian employer itself. and travel through your India employer itself but it will take more time. may be early Jan 2016.

Thanks for your response.