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  1. #1
    Join Date
    Oct 2012
    Posts
    3

    Default Multiple H1B Transfers for the Same Client

    Hi,

    I have a valid H1-B Visa through a company A. I left US and came back to india 6 months back while my Visa is valid till next year october. I left the company A and joined an indian company.

    A few months I got an offer from a US consultancy(say company B) to transfer my VISA on their name. They filed the transfer considerins the client letter from a company X.

    Recently I got another company C willing to transfer my VISA in their name. Unluckily they will also be filling the viSA for the same client X. I want to join the company C. I have below questions.

    1. Can company C file my transfer for the same client X? I know that multiple transfer can be filed but is it possible if both the employers file for the same client?

    2. Company B has already filled transfer with normal process a month back , it is in 'initial review' phase. If it is possible to file transfer VISA by company C( considering the same client X), C will file with premium processing. Will it be any issue?


    Thanks for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Multiple H1B Transfers for the Same Client

    From what you've told us, you're in India and out of status. Following upon that representation, this isn't a case of "transfer" - if a new employer wants to hire you and bring you to the U.S., they will follow the normal H1B application process. At a fundamental level, that's what happens anyway - you want to transfer your H1B, the new employer petitions for a H1B visa just as it would with any other hire, but with your being able to transition between companies without leaving the U.S. You're out of the U.S., so you would simply enter to work for the new employer.

    The issue of the client is more one of contract - if, for example, you agreed when you were hired by Company B that you would not work directly or through an agency for any of its clients.

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