H1b transfer while in India

USA H1B Visa
1

I am in India and filed and approved (stamped on passport) H1B from a consultancy ‘X’. I have NOT traveled to US. Now my present employer ‘A’ in India is willing to transfer it to them.

  1. Will it be possible to do this transfer?

  2. How much time will it take to transfer H1B?

  3. During immigration check which 797 document I need to show? One from company ‘X’ or one from company ‘A’

Thanks in Advance

2

  1. Yes

  2. Normal processing will take 2-6 months, but PP will take 15 calendar days

  3. If you enter US to work for A, then you need to show A’s documents. Use X’s documents to enter only if X wants you to work for them in US

3

Thanks for your reply.

  1. For transfer do I need any paystubs from company ‘x’, which I do not have as I have not started working for them?

  2. Current visa stamp on my passport holds company name as ‘x’, do I need to go for visa stamping again to get company name ‘A’ on passport?
    Or can I travel with ‘x’ company name on passport?

  3. While the transfer is processing, can company ‘x’ cancel my h1b? If yes, can the transfer be valid still?

4

  1. No as you were never inside US on H-1

  2. Its not required, but lot of companies prefer that you get it stamped again before entering US

  3. Yes, they can withdraw the approved petition. It will not impact the transfer though.

5

Thanks for response.

From some where I hot below information regarding changing employers while in US. Could you please let me know is this true.

Information i got:
“H1B Visa stamp is linked to the first employer based on US DOS (Consulate) Regulations as they have issued a visa based on initial Employer. When you travel on such H1Bs CBP officers at port of entry may deny admission. However, if you have already traveled to US on an H1B and changed employers, this rule does not apply. This type of travel is very risky and you may close your doors to the USA.”

6

Please read this:

9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-1406; 03-11-2010)
After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.

If it gives you more peace of mind, then go for stamping again before entering US or consult your new employer’s attorney.

7

You are rocking. Thank you very much

8

I was sitting in a rocking chair when I replied earlier. How did you even know that?

9

Saurabh,
I am also getting into similar situation mentioned above and I have my visa stamped with Company X.
What if we go for visa stamping again for Company A and due to some reason visa stamping denied by VO ? What will be our visa status ? Can we continue our H1B visa status with Company X and travel to US ?
I am thinking worst case scenario, not sure what much possibility where VO reject my visa for company A.

Thanks

10

If A’s visa stamping runs into issue, they wouldn’t normally cancel X’s approved visa stamp. In that case you can return using X’s visa stamp.