Regarding H1B transfer from India

Hi Saurabh,

I work for an Indian IT software giant A who filed and stamped my H1B for client A. However, they are not sending me for the assignment in US anymore.

Now another company which is based out of US (Indian consultancy) ‘B’ is asking me to travel on the stamped visa with my own sponsorship of tickets and they would file for H1B transfer as soon as I arrive in US.

My questions are:

  1. Is it legally correct to travel with client A visa stamping when I know I wont be working for them?

  2. Is the Indian consultancy giving me correct advice by asking me to come here and then applying for H1B transfer?

  3. Is it legal to travel to US even when my company A (holding my H1B) is not funding the expenses and not willing to send me?

Your response will be highly appreciated.



To my Understanding:

  1. It is not Legal

  2. No

  3. No

Avoid traveling in this situation as you can face serious troubles and hamper your future employment record in US.

if that consultancy is having potential project then they should file for your visa transfer in premium and you can get result in 15 days.

It is Okay to travel on previous company visa stamped along with H1B Transfer petition approval document.