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Have Approved H1B Petition Number Only.Need help on H1B transfer

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  • Have Approved H1B Petition Number Only.Need help on H1B transfer

    Hi,

    I have approved H1B petition number only from a company which they filed and approved on year 2011 from a company 'A' . But due to some unavoidable circumstances i couldn't go for stamping. And currently working for different company 'B' and living outside USA.

    Now i would like to use my approved H1B petition(if it is active) to get VISA to work in US for a different company only if the company 'A' not willing to process my VISA.

    In such cases, is there any that i can use my petition number to get VISA from different company(not 'A' or 'B')? will it be possible.


    Please suggest possible options.

    Many thanks in advance...!

  • #2
    Technically it is possible. All you need is the receipt number for the petition. So when you find another employer, tell them about it.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Technically it is possible. All you need is the receipt number for the petition. So when you find another employer, tell them about it.
      Thanks for your quick reply. I have another query on this regard.

      If i get my stamping done other than US and India and after that if i travel India before starting to US will it require another stamping to done in India again ?

      Comment


      • #4
        You can get the Visa from any US Consulate. There is no requirement that you have to get it from your home country.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          You can get the Visa from any US Consulate. There is no requirement that you have to get it from your home country.
          Hi,

          I have approved petition validity is for another 1.5 year.If i get visa now with this approved petition, how long that visa validity would be? Will it be like 1.5 year or or i can get 3 yrs?

          Please reply me.

          Thanks

          Comment


          • #6
            It will be as per the petition. But the petition that you have right now is filed by A. You can use that only to work for A. If you find another employer B, they will have to file another petition for you and they can request 3 years.
            This is my opinion and not legal advice.

            Comment


            • #7
              Originally posted by kabkaba View Post
              It will be as per the petition. But the petition that you have right now is filed by A. You can use that only to work for A. If you find another employer B, they will have to file another petition for you and they can request 3 years.
              Which means i can not work for company B with petition filed by Company A? Is there any way i can use the petition filed by company A to work with company B?
              Also how would i know the validity of petition and also validity of VISA from this petition if i get?

              Please reply at the earliest. Thanks in advance..!

              Comment


              • #8
                Yes, B has to file a petition. It will not be subject to annual cap. If you apply for Visa using that petition, the Visa will have the same duration as the petition.
                This is my opinion and not legal advice.

                Comment

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