Question on H1B Transfer/Cap Exempt Petition

[guptatarun]

Hi All,

I have a question for which I have been getting contradictory answers from various sources. I hope the knowledgeable folks here will be able to help me.

I am currently in India and have never travelled to US before.

My current employer has filed a H1B for me under this year's cap. I have received the Acknowledgement notice which means that my visa has been selected in the lottery.

However due to personal circumstances I have to change my employer with immediate effect before I can get the Approval notice for my petition.

Is there any way my new employer can transfer this petition on to them or can file a new petition without going through the cap & lottery using the same cap from the current employer?

I only have an approval notice and acknowledgement number with me.

Please advice if it is possible?

Thanks
Tarun Gupta

[sangeetaL]

Tricky Situation

hi Tarun,

There are a lot of IF's and But's in this situation so i am going to try and answer as accurately as possible.

1. Since you have only the application number, If you leave the current employer most likely they will cancel your H1 by requesting the same to USCIS as your current employer will not like to take any responsibility on your case. and Therefore you will not receive the copy of Approval of your H1 at all..
2. If somehow you do stick with the organisation till you receive your final approval notice, It will be possible for you to transfer your H1 to another employer.
3. Usually H1 transfer cases require paystubs etc from previous employer.

If it is possible, explain the situation to your current employer and try to have the complete the process without withdrawing your petition. If your current employer is a small firm they might be willing to do it for some money. ! Since they have already paid for your application they might take that fees at least and i guess that should be worth it.

Also, if you are looking for alternative company for your H1 do let me know

SangeetaL
Sr. Counselor
Allied Visa Services

[guptatarun]

hi Tarun,

There are a lot of IF's and But's in this situation so i am going to try and answer as accurately as possible.

1. Since you have only the application number, If you leave the current employer most likely they will cancel your H1 by requesting the same to USCIS as your current employer will not like to take any responsibility on your case. and Therefore you will not receive the copy of Approval of your H1 at all..
2. If somehow you do stick with the organisation till you receive your final approval notice, It will be possible for you to transfer your H1 to another employer.
3. Usually H1 transfer cases require paystubs etc from previous employer.

If it is possible, explain the situation to your current employer and try to have the complete the process without withdrawing your petition. If your current employer is a small firm they might be willing to do it for some money. ! Since they have already paid for your application they might take that fees at least and i guess that should be worth it.

Also, if you are looking for alternative company for your H1 do let me know

SangeetaL
Sr. Counselor
Allied Visa Services

Thanks for your reply Sangeeta.

Let me try and see what my current employer say about this. In case it all goes through till final approval notice I will contact you if an alternative company is needed !

Thanks !