H1 Transfer Reg


I am working for Company A and travelled to India with my family in April for my visa stamping (got the stamped visa till Dec-2024). Right now, I am working from India and plan to travel back US by end of July. I also have my I-140 with employer A which was approved in Nov-2021 (completed 180 days with company A after 140 approval).

I got an offer from Company B and planned to transfer my H1B visa. So, I have the below questions at my end, could you please clarify on it.

  1. Whether Company B can file my H1 transfer while I am in India ? Also H4 filing for my dependents.

  2. If so, once my transfer is approved, can I join company B from India and travel US with company A’s stamped visa along with Company B’s approved petition ?


Once my transfer is approved, I will keep working for company A and travel US then join Company B after 15-20 days.

Please let me know if you see any other options other than the above.

Technically change of employer petition aka transfer can only be filed if the beneficiary is already in the US working for H1B employer. In your case, the company B will file a new H1B under cap-exempt. You dont need to file H4 extension of status as it can only be filed while the H4 is in the US.

If you are going to travel to the US after the company B files your H1B and is approved, you will need to carry the new H1B I-797 approval notice and the CBP will issue I-94 for both H1B and H4 dependents. This I-94 will govern H1B and H4 status.

Yes. Visa is independent of any employer even if it has employer name on it.


Thanks much for you response. Can you just confirm r on the below.

once my transfer is approved, can I join company
B from India and work from India for few weeks and travel US ?

This is okay if your company is ok, so discuss this with your employer.

In H1B, since port of entry… with in how many days i can apply for new h1b petition i.e., change my job?

The very next day, is the answer however in real world it does take time to transfer the H1B to a new employer.