H1B transfer after returning to India


I stayed in US on H1B for 3 years (from company A), and now came back to India and working in India Office of company A (about 2 months), What is the process to join company B of US ? How Company B can transfer my H1B visa, how much time it will take.



B has to file a cap-exempt petition for you. The process is very similar to your initial petition filing. The major differences b/w this petition and previous filing are:

  • You don’t need to wait for April 1 to have this filed

  • You would need to submit additional documents like copy of previous approval, last few payslips when you were working in US, W-2 for the years you worked in US

Thanks Saurabh,
How much time cap-exempt petition process will take ? Is there premium process option for this ?

There is PP option available. Under regular processing it can take 2-6 months. You can check the current processing times online on USCIS site.

Hi Saurabh,

Can you please help me I have some more question.

What if Company A revoke my H1B petition before Company B initiate change of employer petition ? Company B can still transfer H1B ? if yes, then what is the difference between this (current company A revoke) and the H1B transfer to company B by holding valid visa from company A.

Can I travel to US and start working on company B with only H-1B receipt notices or I need to wait for status approval notices from USCIS. (for both cases, post-revoke and transfer by holding valid visa with company A)

If you want to work for B, then you need to have B’s approval notice in hand. B’s petition can be approved even if A has withdrawn their petition.

Petition and visa are 2 different things. A can withdraw H-1 petition anytime. However to cancel the visa, they have to send your passport to the consulate, which generally doesnt happen as your passport is in your custody.