H1B Cap exempt transfer to new sponsor from India

Hi , I Will appreciate any response on my query .

I was in US from 2013 May to 2017 June working for TCS. Then I came back to India and switched jobs.
Now another employer is willing to make a cap exempt transfer.

My question is

As per this , employee should join the employer within 30 days from the date mentioned in the petition.
I am not sure how this makes sense as being in India , there needs to be a visa stamping and notice period for the current employer, which will definitely take more than 2-3 months.

Please clarify if you know any thing about this rule.

  • As far as I know, i will get only 2 years of remaining time in my new H1B petition. Any suggestions based on this or any challenges that may arise from a transfer case while being in India. Does it look like a feasible option to travel to US with this time frame and look for long term options such as Perm and I140 filing ?

  • Any other specific detail I should seek from the new sponsor.


I am not aware of any such 30 day rule.

The petition approval is for US job only. You can decide to join the employer in India anytime. The policy of making you join on Indian payroll after H1B visa stamp approval should be the company’s internal policy and not mandated by the USCIS or US embassy.

US immigration only wants to see that you will work for that company when you enter the US. That’s it.

Does that make sense?

Thanks @anil_am22 for the response. Yes this definitely makes sense.

My current scenario is bit more complex. Please suggest.

Below is my scenario:

Company A in India wanted me to transfer my old H1B visa (unused for 2 years out of 6) to them. They have a subsidiary US company which has a different name say ‘B’ which they overtook some time back.

I am in touch with Company A for all visa processing activities, but they have provided me an offer letter from the company name ‘B’ and my petition is also getting filed by the same company name ‘B’.

So I don’t think they will make me join them in India because offer letter is based out of US the US company name.

Does this look normal, any idea why the company name ‘A’ is not used. Is transfer of visa easier showing a US registered name?

Please let me know if I need to be careful about any exception situations here. This is a new scenario for me and I am just not sure if I need to be cautious about anything specific.

Can I join them in US directly after 3-4 months after visa stamping once I serve my notice period in India and settle things.


An H1B visa can only be sponsored by a US-based employer as it is for a work permit in the US and not India. There is nothing fishy about it.