Immigration Issues/H1B visa transfer

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Question
Hi,
I have been working with company A in India for more than 6.5 yrs. I got H1B visa from another consultant B while I am still working for A in India. The visa is also stamped.
Now, company A which is a large IT giant in India wants me to transfer the visa to there name. I have never travelled using this visa to US and never started working for company B.
Can company A really transfer H1B petition to their name from India itself? They say they'll be using non-cap H1B petition transfer. If so, will I again have to go for re-stamping or will my visa stamp in company B's name work?

Thanks in advance!

BR,
Mohammed.

Answer
Hi,

Co. A can file an H1B petition with the USCIS through its U.S. branch or subsidiary. You will not be subject to the visa cap. However, if your intention will be to work for Co. A when you enter the U.S., you should apply for an H1B visa stamp at the U.S. Consulate in the name of Co. A.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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