H1B Transfer query

[naikpradip]

Hi,

I am currently in India. My current employer had filed petition for H1B last year -2008 and it has got approved from USCIS. Stamping is still pending and not done by my current employer. The petition is active Oct-2008 onwards.

My question is can any other company use this approved petition and do the stamping? If yes, what is the process?

If Not, then can other employer file new petition this year -2009 as well in spite of the fact that there already exists an approved petition for me since 2008? Would there be any complications in doing so?

Please guide.

Thanks,
Prad

[vikramy]

New employer can not use current approved petition to get stamping. He can file a new petition for you.

I am not quite sure whether new employer can transfer your petition as you are in India. If you are in US, Yes.

[kk_kk]

Originally Posted by vikramy

I am not quite sure whether new employer can transfer your petition as you are in India. If you are in US, Yes.

New employer can transfer the H1B to the new company even if you are in India and have not worked for the original H1B employer in US. I know this for sure because I have two close friends who got their H1B's transfered in this way.

[naikpradip]

Thanks for the confirmation. Any updates on how did your firends managed to do so? Please let me know if any additional details on how and what are the fees, etc...

Originally Posted by kk_kk

New employer can transfer the H1B to the new company even if you are in India and have not worked for the original H1B employer in US. I know this for sure because I have two close friends who got their H1B's transfered in this way.

[kk_kk]

It is just like any other H1B transfer. But the lawyer has to handle it in a little different way because you do not have any Paystubs as you have not worked for the orginal petitioner.

There is no additional fee from USCIS. Once you have the H1B transfered, you can get the appointment for stamping. In my friends case, the lawyer's office scheduled the appointment after getting the HDFC receipt number from my friend.

[naikpradip]

Gr8....Thanks for information. So, can there be any problems that current employer may create?

Originally Posted by kk_kk

It is just like any other H1B transfer. But the lawyer has to handle it in a little different way because you do not have any Paystubs as you have not worked for the orginal petitioner.

There is no additional fee from USCIS. Once you have the H1B transfered, you can get the appointment for stamping. In my friends case, the lawyer's office scheduled the appointment after getting the HDFC receipt number from my friend.

[Jyotsna]

Originally Posted by kk_kk

It is just like any other H1B transfer. But the lawyer has to handle it in a little different way because you do not have any Paystubs as you have not worked for the orginal petitioner.

There is no additional fee from USCIS. Once you have the H1B transfered, you can get the appointment for stamping. In my friends case, the lawyer's office scheduled the appointment after getting the HDFC receipt number from my friend.

I used EAD for a new job and now I am being offered another job and the new employer is willing to transfer my H-1, is it possible as i was not working on H-1. my H-1 has not expired.

[Ramya]

Hi,
I am currently with Wipro. I was working in india and i came onsite thorugh Wipro itself on H1B . Right now i have couple of offers with other companies and i would like to resign wirpo. When i want to resign wipro asks me to pay 5 lakhs + H1B change ($2000) . Can you please let me know how to proceed with this ? The reason why they are asking me to pay 5 lakhs is they want me to come back to india and work for 6 months(which does not make sense) when i have couple of offers here .

Is it legal for companies to charge this much of money ?

Thanks,
Ramya