H1 transfer regarding

[Mohan (Mohanraj Elango)]

Hi,

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 ?

Or

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.

Blockquote

[Kalpesh_Dalwadi]

@Mohan

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

H1 Transfer Reg

Technically change of employer petition aka transfer can only be filed if the beneficiary is alread…

@Mohan

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

If you want to do this, I would suggest initiating the change of employer petition after you are in the US.
You can talk to immigration lawyer for company B in case of any doubts.