H1B Petition/Visa Transfer - Need help Urgent !!!

[boyrahul]

Hi All,

Right now I am in India and I have an approved H1B petition (Visa not stamped yet) with my current employer A. The employer has not shared any document (i797) or Petition number with me. Also I have not yet got the visa stamped, as there is no project in the organisation as of now. Employer is saying as soon as we get the project we will get it stamped.

FYI, I have never been to US.

Now I have a very good job offer from Employer B in US.

Here are few queries.

(1) I have read on various forum that Legally I can not force my Employer to share the document(i797) and Petition number. Is this True ? Is there any way I can get the petition number from anyone other than my employer?

(2) Can Employer B initiate the transfer of approved petition without having documents and Petition number ?

(3) If Yes, Suppose during the transfer process if Employer A revoke the petition, can it still be transferred to Employer B ?

(4) If by any chance, I get the petition number from employer A and then initiate the transfer with B and in between if Employer A revokes the petition, can it still be transferred to Employer B ?

(5) The validity of the current petition is 3 years. What will happen if during this entire period I have not stamped the visa ? Will there be any problem in future ?

(6) I have also read in forums that Employer can revoke the petition but once visa is stamped, they can not revoke the visa. Is it true ?

(7) If answer to question 6 is No, Suppose after the visa stamp, I initiate the transfer and in between the process if Employer A revoke the Visa, can it still be transferred to Employer B ?

Thank you very much in advance.

Thanks
--Rahul

[raghvi]

1. Yes thats right. Only the employer can give it to you, after all its their petition for you.
2. Least they would need is the receipt number. Basically one needs a proof to show to USCIS that one has already been cap counted.
3. Without earlier approval notice/receipt number I dont see how it will be possible. t doesn't matter if A has revoked the petition, the fact that a petition was approved, makes you cap exempt. And on this basis Company B can file another petition and USCIS needs to see proof that you are cap exempt.
4. As said earlier it doesn't matter, you would be still cap exempt.
5. I don't see any issues.
6. Visa belongs to US Govt and is part of your personal passport, and can only be cancelled by US Govt authority.
7. Visa cannot be revoked by the employer, only petition can, and even if petition is revoked you are still cap exempt as you have already been cap counted. Visa, petition, Status, I-94 are different things, spend some time reading around to understand the differences.

This is my opinion not legal advice.