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  1. #1
    Join Date
    Feb 2013
    Location
    India
    Posts
    3

    Default H1b Transfer Without Being Stamped

    I have approved H1B from my current employer but it is not yet stamped. I want to resign the company but have few concerns-

    1> Can my employer cancel my H1 upon my resignation?
    2> Can I get my H1 transfer from India?
    3> I there any maximum allowed duration after I resign from my current employer to get my H1B transferred?

    Your help will be really appreciated.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: H1b Transfer Without Being Stamped

    Your visa is invalid the moment you cease to work for the company (under any circumstances). The company is obliged to report the change in status. There is no "allowed duration" or any grace period. Your visa is invalid from the time you quit the sponsoring job. While they're not going to round you up and deport you if you are in the US, if you are overseas you WILL be denied entry.

    Your new employer will have to go through the whole H1B sponsoring process and you'll need to get your new visa issued.
    It would behoove you to get your new position lined up before quitting your other job.

    Frnakly, you're reprehensible. The company that got your existing H1B has invested substantial money to get your visa.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1b Transfer Without Being Stamped

    If by "cancel" you mean "revoke", yes, an employer can revoke your H1B visa, but few take that step. It wouldn't make much difference in your situation, as it appears you are planning to change employers without ever entering the U.S.

  4. #4
    Join Date
    Feb 2013
    Location
    India
    Posts
    3

    Default Re: H1b Transfer Without Being Stamped

    The reason I am looking for such option is because my current employer has told me that there is no opportunity till next year and has asked me to pay them the visa fee and take the documents. Please advice.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: H1b Transfer Without Being Stamped

    Sounds like you're current employer is abusing the whole purpose of H1B. He was already supposed to attest a need for the foreign worker that couldn't be met with a legal US worker. Further, the way he worded it sounds like he was intending to contract you out which is also not supposed to be happening with H1B workers.

  6. #6
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: H1b Transfer Without Being Stamped

    Are you inside or outside the US?

    In spite of what you have heard, there are many unemployed, skilled, technical and business specialists. Your employer is more honest than many

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