You are here:

Immigration Issues/Regarding H1B transfer


I have H1B visa stamped on my passport, sponsered by the Company A. I am currently working for Company A from the India Office. I never been to USA. I have a job offer from one of the consulting company B located at New Jersey. They are ready to transfer my H1B visa under Premium Processing. I want to know whether it is possible or not, as i am in India, and i never worked for Company A from the USA office, so i do not have any Pay Stufs.

Company B is saying that i will have new form I 797B with the petitioner as Company B

In that case do i need to have new stamping of H1B visa with the name of Company B on my passport before leaving India...?? or existing H1B visa will work....??

And apart from Passport along with H1B visa stamped on it , Form I797B, what other documents i need to carry with me when i reach USA at the port of entry.

Do reply to my query soon. Your response will be highly appreciated.  


There are couple of issues in your case.
1) If you are subject to the quota or not. This issue has not been clarified by the US immigration service, but in my opinion I think you are not. The only way to find out is for your employer to file the case and find the results. The issue of pay stubs are not relevant here.

2) The second one is regarding the visa. Though I do not personally know of an instance that this was successful, I do not see why you should not be able to use the existing visa and enter the US. You may have to provide them with a letter from your employer with details about your job offer.

Ramasamy Krishnan

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

©2016 All rights reserved.