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H1B transfer advice H Visa

Discussion in 'Investment, Work Visa' started by akshay, Jan 21, 2009.

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  1. akshay

    akshay Law Topic Starter New Member

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    Hi,
    I have a H1B visa stamped for a company X. I'm yet to travel to US on that visa to start working for the company X.
    Now i want to quit the company X for some reasons.In this case does my H1B still stand valid when i quit company X?
    As i have not travelled in US so i have no pay stubs to show from employer X.
    Can i successfullly transfer this visa to company Y and legally start working in US under company Y thru H1B visa transfer.
     
  2. cbg

    cbg Super Moderator

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    The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa. In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. But "transfer" is a good enough shortcut of a name.

    However, I would recommend that you find the new employer before you quit the old one, because if you are no longer working for the company that sponsored your visa you can only remain in the US for ten days before you are out of status, and it will take much longer than ten days to "transfer" the visa.
     
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  3. akshay

    akshay Law Topic Starter New Member

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    Thank you for the information cbg.
    What i would like to further know is is the quota (of 65,000) for H1B Visas applicable in case of Visa transfer.

    My main concern is as i have not travelled to the main land US. So in this case can i transfer this Visa to my new employer with whom, i wish to work.
     
  4. cbg

    cbg Super Moderator

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    The visa is not automatically transferrable, no. The new employer would have to apply for it and it might or might not be approved. The fact that you have not yet worked for the original employer has no bearing on the transfer or the approval, only on how long you may work for a potential new employer.

    I do not know the current status of the yearly quota.
     

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