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  1. #1
    Join Date
    Feb 2013
    Location
    Chennai, Tamil Nadu, India
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    2

    Default Can You Transfer a Stamped H1B Visa Without Entering the U.S.

    I got my H1B approved and stamping done in Company A at my home country. But no project in Company A now to send me to US. I am trying to find an employer in US by applying for jobs in US... Incase any employer is interested to take me in, what will be the procedure for transfer... Is it possible during the transfer procedure even my already stamped visa may get revoked.. Please help me out..

  2. #2
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: H1b Stamped but Never Entered Us, Trying H1b Transfer from Home Country

    If company A isn't going to offer you a job your visa is worthless. Frankly, I suspect they acted illegally in sponsoring that visa if it was contingent on some other contract. One, they are supposed to attesting to a need they already have and second, they're not supposed to be contracting out H1B labor.

    If you can find another legal employer, you'll have to start over with them.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: H1b Stamped but Never Entered Us, Trying H1b Transfer from Home Country

    "Transfer" is the term used when you are in status in the US. A new employer can file a new petition and you can use a valid stamping to enter with the new approval notice,

  4. #4
    Join Date
    Feb 2013
    Location
    Chennai, Tamil Nadu, India
    Posts
    2

    Default Re: H1b Stamped but Never Entered Us, Trying H1b Transfer from Home Country

    Quote Quoting T53147
    View Post
    "Transfer" is the term used when you are in status in the US. A new employer can file a new petition and you can use a valid stamping to enter with the new approval notice,
    Thanks for the response.. so does that mean.. If I have not entered US thru my current visa, then any new US employer have to again file a new petition to USCIS and get it approved, so its not a transfer procedure is it?.... Can a new petition be applied when I already have a approved I797 from my current employer..?

  5. #5
    Join Date
    Mar 2013
    Posts
    1

    Default Re: H1b Stamped but Never Entered Us, Trying H1b Transfer from Home Country

    Hi I was in US from 2007-2010 and returned back to India before my visa expired.. Now There is an employer who is ready to transfer my visa? is there any possibilities to transfer my visa which was expired 3 years before even I am out of US? please help me out..

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

    Default Re: H1b Stamped but Never Entered Us, Trying H1b Transfer from Home Country

    The new employer would file a petition that is not subject to the quota. You may enter the US for work after receiving approval of the new petition and a valid visa stamping. If your stamping has expired, you will need to appear at the consulate with paperwork from your new sponsor for stamping.

    A visa is not a work document; it is used simply for entry to the US (or any country).

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