Transfer H1B from Company A to B from india without ever travelling to US

USA H1B Visa
1

Hi,

I have a valid H1B stamping on my passport, Valid until sept 2016.

My questions are :

  1. If i move from Company A to company B, after resigning and after my last working day is over with company A. Can the company B start h1 transfer? what would be the process?

  2. If I move from Company A to B, and get my h1 transferred before I resigned from Company A, will company A get any notification about the transfer?

  3. Is there a possibiity that the h1b transfer can get rejected? What are those possible or common scenarios?

2

Hi Chandu,

To answer your questions -
a. DO NOT switch over to employer B without getting the h1-b transfer done. Your current employer A can revoke your h1-b then you won’t be able to transfer it to employer B.

b. You can stay with employer A, and ask employer B to start your transfer. Once the H1-b is transferred, then you can quit your current employer. This way - your h1-b is safe. Employer A will not get any notification regarding your transfer until you tell them that you are quitting your job :slight_smile:

c. Generally, transfers go through smoothly but there can be cases where it can go to RFE, and then based on how well you/employer/attorney can answer those questions - the transfer can be approved or rejected. As a rule of thumb, keep paperwork solid -

  1. Client Letter

    1. SOW/MSA

    2. Employee-Employer relationship

    3. Project Itinerary

Basically, keep the documentation covered and transfer shouldn’t be a problem