H1-B Transfer Related Question


I work in IBM and I have my H1-B stamped in my passport(valid till oct 2015). I have 2 questions

  1. two months back I travelled to US and now i am getting an offer from a different company. Can this new company file the H1 trnasfer at any point of time of an year or do they have to wait till the normal cycle of H1(April of every year).

  2. If H1-B transfer is approved, do I have to go back to India and get it stamped from the US consulate and come back to US again or can I work without going back to india

  1. They can file it anytime i.e. even now

  2. After the H-1 is processed, USCIS will issue it either w/ an I-94 attached or w/o it. If I-94 is attached, then you can start working for new employer w/o leaving US. If no I-94 is attached (happens when either employer doesn’t request it or USCIS determines that you didn’t maintain status in US), then you will have to leave US and re-enter using current visa stamp and new petition to receive a new I-94 at PoE on return.

In either case, you can delay stamping until the current visa stamp expires.