H1b petition transfer

[Rahul_Singh]

Hi,
I have approved h1b petition(I-797) from company A in usa .but i didn't went for stamping due to non availability of project .and they revoked my petition because i was not able to join in given time limit .Can i ask another employer to use that petition and apply for visa transfer as current quota for 2012-13 is already over .
Thanks.

[shervin143]

Possible. Give the new employer a copy of your previous H1B approval notice and they will know how to proceed.

[Rahul_Singh]

Thanks Shervin,
is it possible even though I never entered USA ? .

[shervin143]

Possible.

Thanks Shervin,
is it possible even though I never entered USA ? .

[Rahul_Singh]

Thanks Shervin,
Can u help me guide then wht is difference between H1b Stamped on passport but never entered in USA as it is tagged with company name on visa approved but it is still valid from I-797 Petition approved with U ,but never went for stamping .Which will be advantage if u r not planning to go immediately but looking for future after 1 year .
Thanks,
Rahul

[shervin143]

What are you trying to ask? I could not get anything from what you have typed.

Thanks Shervin,
Can u help me guide then wht is difference between H1b Stamped on passport but never entered in USA as it is tagged with company name on visa approved but it is still valid from I-797 Petition approved with U ,but never went for stamping .Which will be advantage if u r not planning to go immediately but looking for future after 1 year .
Thanks,
Rahul

[Rahul_Singh]

Ok,here it goes..
I have petition number abc approved ,then i have 2 options either go for stamping and get visa stamped with employer A but don't want to join due to some issues and then ask employer B for transfer ,will in that case i will be under CAP or will be excluded while new employer will file petition or keep the petition as it is ,dont go for stamping and ask new employer to use this approved petition to get it transfered to them and once done then go for stamping and then travel to usa .So what will be difference in procedure in both and wht will be better .

Thanks .
Rahul

[Sita_Raman]

Hi,

I have got my h1B approved with my current employer A. I have got stamping also. Now my current employer is not sending me to US since there are no projects. Can I get H1B transfer through a different employer. What if my employer cancels my h1b petition/visa after i put resignation here.

Thanks
SitaRaman

[shervin143]

If you already have an H1B approved and if you have a copy of it, then any U.S employer can file a transfer using the CAP from the previous H1B approval and request an immediate start date. Once the transfer gets approved, you can travel to U.S using the petition of the employer whom you want to work and any valid H1B visa in the passport (irrespective whichever employer's name is printed in the visa). Whichever employer's h1B approval notice you show at the POE, you should be working only for that employer as the I-94 issued at the POE will be associated to that petition.

Ok,here it goes..
I have petition number abc approved ,then i have 2 options either go for stamping and get visa stamped with employer A but don't want to join due to some issues and then ask employer B for transfer ,will in that case i will be under CAP or will be excluded while new employer will file petition or keep the petition as it is ,dont go for stamping and ask new employer to use this approved petition to get it transfered to them and once done then go for stamping and then travel to usa .So what will be difference in procedure in both and wht will be better .

Thanks .
Rahul

[shervin143]

I have got my h1B approved with my current employer A. I have got stamping also. Now my current employer is not sending me to US since there are no projects. Can I get H1B transfer through a different employer.
>>> Possible.

What if my employer cancels my h1b petition/visa after i put resignation here.
>>> The employer can only revoke your petition and not the visa in the passport. You don;t have to give them the passport if they ask for it. Even if the petition gets revoked, you can still get the H1B transferred to a new employer as the CAP from the previous approval notice will still remain valid. Keep a copy of the previous approval notice for your records. It will come in handy when you transfer the H1B.

[Rahul_Singh]

Dear Shervin,
Thanks a lot for the same.So if company A revoke my petition before I get visa stampted ,can i make appointment after that with usics and get visa stampted ,or If new company B which i am willing to join files transfer and have approval notice ,then only I can schedule Interview with usics not before that as my petition is revoked by employer A .

Thanks,
Rahul

[shervin143]

You will need a valid approval notice to schedule the visa stamping. You also need a lot of documents from the employer to get the visa stamped successfully. You cannot appear for the visa interview without the knowledge of the employer who you are going to work or based on a revoked petition. You cannot carry one employer's petition to get the visa stamped to work for a different employer.

Dear Shervin,
Thanks a lot for the same.So if company A revoke my petition before I get visa stampted ,can i make appointment after that with usics and get visa stampted ,or If new company B which i am willing to join files transfer and have approval notice ,then only I can schedule Interview with usics not before that as my petition is revoked by employer A .

Thanks,
Rahul

[hingup]

Is approved H1b Petition transferrable?

I have an approved H1b petition from my existing employer. If I change my employer, can my H1b petition with no visa stamping done until now be transferred to the new employer?

[rss123]

H1 petition transfer

Hi Shervin,

I was going through this thread and hoping you are able to answer my question.

I am on L1B from A employer.

On the other hand, I applied for H1 from B employer, got case approved recently and awaiting my H1 petition approval copy from B employer.

Now i would like to go back to my employer A and check whether they are fine with transferring my H1B from B to them(i.e.A employer). One of the reason being that B is a small employer, so i don't see much of a visibility and with A employer, my i-140 is already approved. So i feel safe to have them transfer the petition and let me continue with them but now on H1. Also another reason being A wasn't ready to file an H1 for me.

Please provide your expert advise.

[instant]

Hi Shervin

I have petition number abc approved ,then i have 2 options either go for stamping and get visa stamped with employer A, but the employer did not share the petition number to me, all I have only the ETA case number with me(I-xxx-xxxxx-xxxxx).

In that case i will be under CAP or will be excluded while new employer will file petition or keep the petition as it is ,ask new employer to use this approved petition to get it transfered to them and once done then go for stamping and then travel to usa .

Is there any procedure exists with consulate.

Thanks
babu