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Immigration Issues/H1b transfer questions


QUESTION: Q1 : Can I transfer my h1b from company A to company B while I am in India ?
Q2 : I am currently in US on H1b with company A. If I plan to resign from this
company how long can I stay in US while searching for a new job ?

ANSWER: Varun,
You may file for a new H1b while you are in India, since you have presumable already been counted against the cap there should be no problem.  If you resign, you are not in status and should leave the US immediately.  I recommend you find a new job before you quit.
Good Luck
Mark Ashley

---------- FOLLOW-UP ----------

QUESTION: So you are suggesting to go back to India and find another company in US who
can sponsor h1b and for the meantime continue to work with the indian office of
the current company . As soon as I get the new job, I can file for the transfer of
h1b and quit  the current company ?

I am suggesting that if you remain in the US, you should find another H1 employer and have him file an H1 for you before you quit your current H1 job.  If you go back to India then you can either reenter on your current H1 if you are still employed with Company A or you may reenter with a new company assuming they have complied with the H1 regulations.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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