Immigration Issues/H1B issued to affiliate - how to transfer
Thanks for your reply. However, DEF says their lawyer can transfer my original visa. They want to do transfer instead of filing new application to avoid the H1B cap. Is it possible to transfer if I am physically outside the US working for ABC while my original visa was issued to XYZ (affiliate of ABC) and I have worked in the US for less than a month only?
The text above is a follow-up to ...
I worked in the US for XYZ (US based), which is an affiliate of ABC (outside US). I was loaned/seconded to XYZ by ABC. My H1B visa is owned by XYZ. Due to a family emergency I went back to my country having worked
only in America for less than a month. My visa is valid until September
2009 and I am still working for ABC. The company is not planning to send me back in the next twelve months since they send a replacement (my backup). DEF (US based) wishes to hire me as soon as possible and is willing to do a visa transfer.
1) Can DEF process the visa transfer if I am physically outside the US - if I continue working for ABC? If yes, how do we start the process?
2) Can DEF process the visa transfer if I am physically outside the US - if I no
longer work for ABC?
DEF can file a new I-129 packet for you and once approved, you can get new visa and come in. It has nothing to do with whether you are currrently working for ABC.
The filing process for a new H-1 or a transfer is the same. You just have tio show proof of paystubs for 1 month and proof you were out of the country after that and plead your case that it is a transfer and not subject to the cap.