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H1B transfer while in India on vacation.

Bothell, WA |

Hi, Currently I am on H1B in US with visa expired on passport and planning to go on vacation to India soon.
when I am in India if I want to change employer on H1b (transfer current H1B to another amployer), is it possible.
any pros and cons with this.

Thanks and appreciate.

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Attorney answers 2

Best Answer

Yes, it is possible. The new employer will need to file a new H-1B petition on your behalf. Unless you are planning on spending several months in India, the petition will need to be filed Premium Processing. Once the new petition is approved, you will need to present the new approval notice at a consulate in India in order to obtain a new H-1B visa to return to the U.S. The only potential downside of doing this while abroad is if the petition does not get approved and you have quit your current position, you will be stuck outside of the U.S.


Any new employer would need to file an H-1B petition and that petition would need to be approved so that you can renew the H-1B visa stamp.



Thanks for the response. Does it matter if I stay in US or outside US when a new employer files H1B petition.