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Approved H1B petition transfer while changing job in India

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  • Approved H1B petition transfer while changing job in India

    Hello Friends,

    I'm changing my job in India from Company A to Company B. I have approved h1 petition sponsored by Comp. A. Visa stamping is not done. I have original petition with me. In the past I have travelled to US on behalf of Comp A. This approved petition is for extension, old petition/visa has expired. I'm presently in India.
    Now can I transfer my approved petition to new company B. I mean, can they apply for new cap-exempt H1b based on my approved petition.
    In that case, can company A raise any objections? Is it legal for company A to stop petition transfer? Has company A any rights to hold my documents such as experience letter, final settlements?
    Do I have submit my original copy of petition to company B in order for them to apply for new petition or a photo copy/ scanned copy is sufficient? If photo copy of is enough, can I give my original petition back to company A?

    Sorry for asking so many questions :-(

    Your help/advice is much appreciated. Thanks!

  • #2
    Hello.. I'm in same boat

    Hello,

    I'm travelling in same boat. You asked exactly the same questions that I was looking for. Unfortunately, I did not see any replies to this post.

    Since this thread is from 2013, Please help me answer these questions, If you already got answers..

    Thanks,
    kkran

    Originally posted by mklife View Post
    Hello Friends,

    I'm changing my job in India from Company A to Company B. I have approved h1 pet**ion sponsored by Comp. A. Visa stamping is not done. I have original pet**ion w**h me. In the past I have travelled to US on behalf of Comp A. This approved pet**ion is for extension, old pet**ion/visa has expired. I'm presently in India.
    Now can I transfer my approved pet**ion to new company B. I mean, can they apply for new cap-exempt H1b based on my approved pet**ion.
    In that case, can company A raise any objections? Is ** legal for company A to stop pet**ion transfer? Has company A any rights to hold my documents such as experience letter, final settlements?
    Do I have subm** my original copy of pet**ion to company B in order for them to apply for new pet**ion or a photo copy/ scanned copy is sufficient? If photo copy of is enough, can I give my original pet**ion back to company A?

    Sorry for asking so many questions :-(

    Your help/advice is much appreciated. Thanks!

    Comment


    • #3
      Originally posted by mklife View Post
      Hello Friends,

      I'm changing my job in India from Company A to Company B. I have approved h1 petition sponsored by Comp. A. Visa stamping is not done. I have original petition with me. In the past I have travelled to US on behalf of Comp A. This approved petition is for extension, old petition/visa has expired. I'm presently in India.
      Now can I transfer my approved petition to new company B. I mean, can they apply for new cap-exempt H1b based on my approved petition.
      In that case, can company A raise any objections? Is it legal for company A to stop petition transfer? Has company A any rights to hold my documents such as experience letter, final settlements?
      Do I have submit my original copy of petition to company B in order for them to apply for new petition or a photo copy/ scanned copy is sufficient? If photo copy of is enough, can I give my original petition back to company A?

      Sorry for asking so many questions :-(

      Your help/advice is much appreciated. Thanks!
      You havent provided any dates as to when original petition was approved, when did you last travel/exit US.

      Also, putting questions as numbered bullets would help in trying to answer them.

      This is my opinion not legal advice.

      Comment

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