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H1B transfer queries

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  • H1B transfer queries

    I have an approved H1B visa but not stamped from employer A. I dont have the petition/approval documents with me, but I have only the petition no (WAC***) with me.
    I have resigned employer A and joined employer B.

    Is it possible for H1B transfer or H1B cap Exempt?
    Employer B (visa management team) asked for the approval documents and informed me that it is mandatory to submit them for H1B transfer.
    Is it mandatory to submit the petition documents? or only petition no will suffice the requirement?

    Is it possible for me to get the petition/approval documents from USCIS with the petition no?

    Please suggest.


  • #2
    Yes, it is possible. Technically all you need is receipt number, but some employers will insist on seeing the receipt notice or approval notice. So you may need to convince your employer. The employer only needs to mention the number in their supporting letter and in possibly in I-129. So try to convince your new employer. Ask them to speak with their lawyers about this. You can also consult your own experienced immigration attorney and have them talk to your company's lawyers.
    This is my opinion and not legal advice.


    • #3
      H1 Transfer - Slight difference in past experince date


      I've worked in companies A, B, C, D and E. With company 'E' I came to US in H1B visa and currently my visa status is H1 extension approved. My first company A is not existing now where I worked for X years. I want to join back my previous company 'D' where in records they have X years of experience for my first company A where as when I joined Company 'E' I elevated my company A experience to X.5 years (Just 6 months added). I've the following doubts. Can anybody please clarify?

      1. While Company E filed H1 they showed X.5 years of experience for my past company A. However, If I am joining back company D, I've to mention X years of experience only for my first company A. In that case, while Company D files my H1 transfer is there any risk that my H1 will be rejected?

      2. If my H1 transfer with Company D gets rejected due to this reason, then is there any possibility that my future H1 extension that will be filed by Company E if I decide to continue here will be impacted/rejected? Or will it impact my current valid H1 status with Company E?

      Kindly help me to clarify all my doubts if anybody is aware of the answer. Thanks in advance.


      • #4

        Hi Me and my husband are scheduled for a visa interview for our extension. Our earlier visa expired in Oct 2014 and we have a valid I797 till Jul 2016.
        Can anyone share their experience of interview questions asked for re stamping.
        Also I have 11 month old baby who is a US citizen, Can I take him to the interview as I am not confident if our family would be able to handle him as he is meeting them for the first time and our interview is just 2 days after we land in India.

        Any tips will be really helpful

        Thanks In advance