Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B related queries

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B related queries

    My situation:
    I'm from India. I have a valid H1B visa (approved but not stamped) with my current employer. Now I have resigned my current employer and serving my notice period. The new employer agrees to transfer my H1B.

    Questions:
    1. I have only the petition no (WAC***) with me, is it possible for the new employer to raise H1B transfer with only this information? as I don't think I will get all the original petition documents or approvals from my current employer.
    2. If my current employer cancels my approved H1B, is it still possible for H1B transfer?
    3. If H1B transfer does not works out, Can I go for H1B cap exempt as the second option?

    Current Status from egov.uscis.gov: Post Decision Activity

    "Post Decision Activity

    On January 12, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations."

    Could someone please help me?

    Thanks a lot.

  • #2
    Originally posted by kartig View Post
    My situation:
    I'm from India. I have a valid H1B visa (approved but not stamped) with my current employer. Now I have resigned my current employer and serving my notice period. The new employer agrees to transfer my H1B.

    Questions:
    1. I have only the petition no (WAC***) with me, is it possible for the new employer to raise H1B transfer with only this information? as I don't think I will get all the original petition documents or approvals from my current employer. -- Technically it is possible, but some employers insist on seeing the approval or at least receipt notice.
    2. If my current employer cancels my approved H1B, is it still possible for H1B transfer? -- Previous employer may withdraw their petition, but it does not matter.
    3. If H1B transfer does not works out, Can I go for H1B cap exempt as the second option? -- It is the same thing.

    Current Status from egov.uscis.gov: Post Decision Activity

    "Post Decision Activity

    On January 12, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations."

    Could someone please help me?

    Thanks a lot.
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      See above.
      Thanks for your response.
      How will the new employer gets the petition/approval documents? Through eRequest option.. by submitting petition no?

      Comment


      • #4
        Nobody but the petitioner (your previous employer) can get the documents. But technically the new employer only needs to mention the receipt number in their supporting letter and USCIS can pull the records themselves. But, some employers are not comfortable doing that. So you will need to convince them or their lawyers.
        This is my opinion and not legal advice.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X