H1 B new petition if there is already a H1b approval valid available

[mdode]

I have a query regarding H1B application. I request you to please assist me with my query if possible.

I have a valid H1B petition approval from Company A in india which is valid for one year till Dec 2013. Now as employer A do not have projects as of now so they are not getting my Visa stamped. Meanwhile my current employer B in india where i am working right now are getting my H1B petition submitted for this year CAP of 2013 for getting an approval on my petition from this employer.

Can I go ahead with a fresh petition of H1 B from my current employer if I already have a valid H1B approval from another company A. Do I need to submit the approval notice document which I have from Company A while submitting a fresh H1B petition from company B. Also please suggest if I can use my visa petition approval from company A to be transfered on the name of company B so that we do not put a fresh petition for this year.

[kabkaba]

Sure, B can file a petition for you. In fact since you are counted under cap, they can even file a cap exempt petition for you and you won't have to wait until Oct 1. B will need approval notice copy, receipt notice copy or at the very least the receipt number for A's petition to claim cap-exemption.

[mdode]

Thanks for your suggestions. So if I am already counted in 2012 cap its not need to file again in the cap of 2013. I have the h1b approval as well as the reciept copy with me and its still valid till dec 2013.

So do we have to file it again means pay the fees and all and file a fresh copy along with the documents suggested by you.

[kabkaba]

Yes, every employer needs to have their own petition and you can only work in the US for the petitioning employer. Just that the new employer's petition will not have to go through the annual cap.