H1 transfer in India possible ?

[infoseeker]

Hi VISA Gurus,

I will get my H1 Visa stamped through company XYZ in Jan 06.
Can I shift to some other company having my VISA still valid across
the other company through VISA transfer after 6 month or so.

The information what I have is, We can transfer the VISA
to other company, only if we are in US. We cannot transfer
it in India even if it is stamped.

Please let me know, if this information is valid.

[poragoru]

That's right. To be eligible for H1 transfer -
1. You need to be USA on H1 visa and
2. You need to work for H1 employer.

Normally you cannot transfer visa without satisfying both conditions.

[ronline]

Under AC21 u can transfer h1 only if u are currently in valid h1b status with the h1b employer and u file for transfer prior to expiry of valid h1b status (valid status in the US is determined by I94 card)
Please check ac21guide.pdf on uscis.gov for more info.

[Ramdors]

If I can understand you right, you have an H-1B approval from company A and assuming you get a H-1B visa based on this approval, you wish to know if you can enter the US on a fresh H-1B approval from company B.

I think you can, this is not a transfer, it just a situation where you have H-1B approvals from two companies. I am not sure on the procedures at the Port of Entry.

Murali or other senior members should be able to confirm this for you.

[soormabhopali]

Answer is NO .
H1 transfer is only if You are in H1 Status ,for that you need valid I 94 and Pay stubs /W2 from US employeer .
You can file another H1 for second company .
Best of Luck