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H1B Transfer - Without having travelled to US on H1B before

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prashanthm

Junior Member
Thanks for your time to read this question.

I have a H1B stamped from my Company A and am currently in India. The H1B was stamped last October, but I have not yet travelled on the same. Company B is offering to transfer the H1B to their name. I was under the impression that without having travelled on H1B and without paystubs, it would not be possible for a transfer. But Company B says that according to new regulations, H1B can be transferred from within India even though there has been no travel associated with it in the past.

Can someone clarify this?

Your help is greatly appreciated.

Thanks,
P
 


ImmigAttyLana

Senior Member
It's not a transfer if you are not already in the US in valid H-1B status. It's a new petition that is not subject to the quota.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

prashanthm

Junior Member
Thanks Lana.

Can you please let me know the processing times for the H1B?

Also, If I decide not to take up the offer with the new company will my old H1B still be valid?

Appreciate your response.

Regards,
P
 

ImmigAttyLana

Senior Member
The processing times can be several months through regular processing and if the employer requests premium processing, then for an additional $1000 filing fee, the USCIS guarantees a decision within 15 calendar days.

If the old job offer is still open to you and the employer has not revoked the H-1B petition, then the approval is valid for as long as it indicates on the face of the approval notice.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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