H1 b Transfer being in India

[ritu123]

Hi,

I wanted to know the process of H1b transfer. If an individual employs to company A and having the H1b stamped from same compnay and also had been to US many times. Is it possible legally to tansfer H1b from India to some other company in US.

Even the employer through which the visa stamped is same in india as well. As i understand for H1b transfer 2 latest pay stubs should be needed. So can India paystub will do becacuse anyways the employer is same either in US or india.

Pls let me know.

Thanks

[contact 01]

If the alien worked for H-1b employer for quiet some time and if he goes back to home country then in that case within 12 months, he can apply for transfer under the following rule.


According to USCIS rule:

The cable notice and change of status in the US. Petition scenarios are considered to be new H-1B petitions. Subject to the cap [INA section 214 (g)(1).............] unless the foreign national has been counted pursuant to an H-1B petition approval within the prior six years, and has not been physically outside the U.S. for the previou year or more. The change of employer, concurrent employment, amended petition, and extension of status scenarios all involve a beneficiary who is already in the U.S. in the H-1B1 status, and they are therefore not subject to Cap.

Further for H-1B transfer, the paystubs should be from US employer but not from the employer in India. Though it is a same company it is two different entities in different countries.

Note: This is not a legal advice.

[ritu123]

Thanks for your reply,

Another question what i had was can i apply for H4 as well even if i have valid H1b as on today ?

Because what i heard is when you go for H4 stamping consulate cancels the H1b visa.

In either scenario an alien cann't hold two visas simultaneously.

Pls let me know if someone has any one.

Thanks

[sencs]

Yes if you apply for a H4 visa any previous US visa you were holding will be cancelled.