H1 B Visa Transfer within India

USA H1B Visa
1

Hi,

I would like to apologize if my question comes across as duplicate.

I have received a H1 B Visa valid from October 2015 to July 2018 from company ‘Ex’, this company is located in the US and has a decent name. My Visa stamping is done from the Chennai Consulate in the month of September based on the documents like I-797, Offer Letter, Company Financials, etc provided by company 'Ex’. Although I have the offer letter from Ex company, I am not receiving any salary from them yet, as this is more like a contract and I was told that I would start receiving the salary only once I travel to the US.

Hence to summarize, I am still in India with H1 B stamping from Ex Company without Salary and not sure when I will be travelling as I was told it might take another 6 months for me travel, which is slightly frustrating as the validity is only 36 Months.

However now I am looking to transfer this H1 B visa to another company(like IBM, Accenture, Infosys, Wipro, etc, or any other company through which I cna travel) here in India. My questions are as follows

  1. Is it possible to transfer my H1 B Visa in India to another company as I am still in India?

  2. What are the points to keep in mind before approaching either of the parties?

  3. What is my current sponsor’s role in transferring the visa? In this case the company ‘Ex’.

  4. Can the new sponsor/company initiate the transfer process without much intervention from my current sponsor?

Any inputs or pointers are appreciated, I would not like to jeopardize my visa in the process!!

Thanks in advance

KPS

2

  1. Yes

  2. You need to have a copy of approved 797 and can then approach any company for employment and H-1B filing.

  3. They play no role

  4. Yes, they can do it even w/o Ex knowing about it. It is not really a transfer. The new employer will file a cap-exempt petition. You will end-up w/ 2 petitions - one from Ex and another from new employer and can pick and chose either to work in US

3

Thank you for answering my queries.