H1B Transfer in India and Time of filing

Hello, Everyone

I really appreciate this open forum to discuss questions on extremely popular H1B Visa. Below is my question:

I am currently working for Company A and has a valid H1B petition and stamped visa till 2019 from this company. Company A has sent me to the US for around 1 year i.e. Jan 2016 to Feb 2017 then I repatriated since my assignment was over.

Now, I wanted to go to the US again but seems like Company A doesn’t have any opportunity so I am thinking to quit this company and find a new company who can transfer my visa and send me to US. Can someone please advise what could be the best way to deal with this situation.

  1. I believe my visa can be transferred even if Company A revokes my current petition? Please confirm.

  2. I believe the new employer would need to file for a cap exempted petition since I have valid H1B(5 years left). Please confirm.

  3. When can I file for the cap exempted petition? Do I have to wait until April to file for the new petition?

  4. How long will it take to receive the new petition? What is the cost in this entire process?

  5. If I can file this cap-exempted petition at any time in the year then does it make sense to go to the US on a tourist visa and then search for jobs/employer directly there?

Any help on the above points would be appreciated. Thanks in advance!

  1. Yes you can transfer though your company withdraws the petition.

  2. Yes

  3. Cap exempt petitions can be filed anytime. No need to wait for April.

  4. The cost is taken care by the company who initiates a transfer. Cost is same as applying a new H1B petition. Currently(As of 08/11/17) Premium processing has been suspended. Hence it might take 4-6 months for the transfer to be approved.

  5. Why not search a job from your country, complete the transfer and then travel? Its illegal to try to find a job when on B2 Visa.