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H1 B Approval

By Suman_P in Work Visas

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Suman_P Newbie

Suman_P   0

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Hi All,

I am Suman P. I got my H1 B Approval in March 2017 and the validity is till 2020, but I came out of the USA in September 2017. If my current employer in India has to apply for H1 B, a transfer would suffice or a fresh H1 B has to be applied?

Regards

Suman P.

  • 2 weeks later...
OldUser Veteran

OldUser   7,009

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On 1/11/2023 at 10:59 PM, Suman_P said:

Hi All,

I am Suman P. I got my H1 B Approval in March 2017 and the validity is till 2020, but I came out of the USA in September 2017. If my current employer in India has to apply for H1 B, a transfer would suffice or a fresh H1 B has to be applied?

Regards

Suman P.

Sorry I am a bit confused. If your employer is in India and you also are in India, why are you talking about H1B? H1B is for employment in the USA.

Suman_P Newbie

Suman_P   0

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Posted (edited)
11 hours ago, OldUser said:

Sorry I am a bit confused. If your employer is in India and you also are in India, why are you talking about H1B? H1B is for employment in the USA.

Hi,

Thank you so much for trying to help me. I got approved H1 B while in USA itself from 2014 to 2017. I got my H1 B Approval in March 2017 for the extension and the validity is till 2020, but I came back to India in 2017. I am currently working in India with different employer. Now my question is if my employer wants to file H1 B, it will be a transfer or a new filing? My employer wants me to send to USA for employment.

Regards

Suman P.

Edited by Suman_P
randomstairs Community Regular

randomstairs   304

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Filed: Citizen (apr) Timeline
Posted

It would have to be a new H1B application by your US employer. That's always the case. There's no such thing as a "transfer" application.

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Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
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Chancy Grand Master

Chancy   6,243

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Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
8 hours ago, randomstairs said:

There's no such thing as a "transfer" application.

 

OP is probably referring to H1B transfer, when a worker who has or recently had H1B status, gets hired by another US company that is eligible to sponsor.  But OP is working for an Indian company, so yes, no such thing as H1B transfer in that situation.

 

randomstairs Community Regular

randomstairs   304

Posted
Filed: Citizen (apr) Timeline
Posted
1 hour ago, Chancy said:

 

OP is probably referring to H1B transfer, when a worker who has or recently had H1B status, gets hired by another US company that is eligible to sponsor.  But OP is working for an Indian company, so yes, no such thing as H1B transfer in that situation.

 

Back when I was on H1B my employer's attorney said how much she hated the expression "H1B transfer" because it can be misleading. It is "transfer" in a sense that your status continues with the new employer and you don't have to leave the country to extend it or anything like that. But it is in fact a fresh new application. Anyways, yeah, the employer must be in the US, sure.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Boiler Grand Master

Boiler   45,761

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

There are a lot of terms used that are not quite right but have gone into common usage and we know what is meant.

 

Not sure what the situation is here a L may be more logical.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Sinead91 Enthusiast

Sinead91   249

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Filed: Lift. Cond. (pnd) Country: Ireland
 Timeline
Posted
On 1/25/2023 at 12:21 PM, randomstairs said:

Back when I was on H1B my employer's attorney said how much she hated the expression "H1B transfer" because it can be misleading. It is "transfer" in a sense that your status continues with the new employer and you don't have to leave the country to extend it or anything like that. But it is in fact a fresh new application. Anyways, yeah, the employer must be in the US, sure.

We say H1B port where I work. Makes it easier 

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