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H-1B visa transfer before arrival into the USA

Question details

This is regarding the H-1B transfer from India before working for Employer.

I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.

Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?

Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.

If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?

 

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FAQ Transcript

Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.

 

Working outside the United States on H-1B visa and the implications for remote employees

Question details

Is there any legal limit on how many days a H-1B employee can work outside the  United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.

My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.

 

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FAQ Transcript

If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.

Recording for November 16, 2023 Conference Call with Rajiv S. Khanna

Immigration Law

FAQ’s:

  • Working outside the United States on H-1B visa and the implications for remote employees
  • Handling a temporary break on the H-1B visa: Transitioning from work to school and back

Other:

Visa Bulletin For December 2023

Number 84
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during December for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

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Green Card

Immigration Law

The Practical Lawyer Editorial Board Member Rajiv S. Khanna's Conversation With Devika Kewalramani

This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.

Read more by clicking the pdf attachment.

Rajiv's Comments in the News - Canada to invite nearly 15 lakh immigrants in next three years, but can India retain the top spot? Explained

Published by: Live Mint: November 02, 2023
https://www.livemint.com/news/world/canada-to-invite-nearly-15-lakh-imm…

Quotes and Excerpts from Rajiv in the article:

Rajiv S. Khanna, Managing Attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, said, “Despite the tension, immigration wise, they don't have a choice."