Hi,
I have a valid H1-B till 2009. I had done my stampings in the month of December 06. Still my company is not able to send me to the US. Can you Let me know whether a H1 transfer is possible in that case. I have calls from many people trying to do that. Want to know is it legal to transfer H1- without even entering US.

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Originally Posted by streetshawk

Hi,
I have a valid H1-B till 2009. I had done my stampings in the month of december 06. Still my company is not able to send me to the US. Can you Let me know whether a H1 transfer is possible in that case. I have calls from many people trying to do that. want to know is it legal to transfer H1- without even entering US.

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If your company cannot send you to US because they don't have an active project , then you should ask your company to subcontract with another contracting company.

Please see form I-129 (petition for non-immigrant worker) regarding "new concurrent employment" and/or "change in employment". Try to negotiate with your current employer regarding alternatives. This will be easier in your situation.

I am not sure if you can transfer your H1B since you have never been in the US. You should apply for a new H1B visa. USCIS has already reached the H1B cap for FY 2008. You could try for a job in an educational institution, research organization, a governmental organization in order to qualify for a non-cap visa.

NOTE: I am NOT an attorney. You should better consult an experienced US immigration attorney. 'VisaPro' offers online consultant for a small amount.

I wish you good luck.