h1b visa transfer while on h4

USA H1B Visa
1

i have a h1b work petition approved until 2015. i do NOT however have a h1b visa stamped.

i currently have taken leave from my employer, and on an h4 visa in the US.

my employer does not have a suitable project in the location i want.

a) can i transfer my visa while i am employed (and on leave). I believe this would be a Transfer + COS

b) can i transfer my visa post resigning from current company. Again this would be Transfer + COS

In both the above cases, i can go back to india for h1b visa stamping if required.

2

H1B cannot be transferred. Your new employer has to file a new petition on your behalf and since you have a previously approved petition, they can process it cap-exempt citing the approval/petition number.

As for COS, I am not sure if COS from H4 to H1B is certain. Sometimes USCIS will ask you to go back to your home country for VISA stamping.

Hope that answers…

3

hi sujith,

thanks for the response. my main query is with respect to whether my current company can revoke/cancel the petition once i resign. And in such a case, when a new petition is filed by other employer would it still be cap-exempt.

thanks

4

Yes, your company can cancel the petition.
Yes, the new petition filed by another employer will be cap-exempt as long as its within 6 years from the first approval.