H1B Petition Approved, Want to Change Employer Before Stamping.

[sairam.om]

Employer A filed My H1B Petition, It is Approved and Work Start date is October 2014.
I left my job and came to USA on B1 as Employer A forced me to do so, I do not have a job at the moment and the salary offered by Employer A from October 2014 is very low.

I want to look for a full time employment with a good and better MNC Employer B.
During Stamping with Employer B, will there be any issues with respect to my B1 Travel, break in Career and supporting documents.

Kindly requesting your suggestions in my case.

[raghvi]

Employer A filed My H1B Petition, It is Approved and Work Start date is October 2014.
I left my job and came to USA on B1 as Employer A forced me to do so, I do not have a job at the moment and the salary offered by Employer A from October 2014 is very low.

I want to look for a full time employment with a good and better MNC Employer B.
During Stamping with Employer B, will there be any issues with respect to my B1 Travel, break in Career and supporting documents.

Kindly requesting your suggestions in my case.

If you have the approved petition then it is possible to initiate a "transfer" to B.

As long as B is genuine I dont see any issue in stamping once their petition is approved.

This is my opinion not legal advice.

[shwethab]

Hi,

I have got my petition approved till 2015, but no stamping done. When i went for stamping, they said the company is a staffing and its not good to go for this firm and they kept it on hold. In this scenario, can this be transferred to a different company and can i go for stamping again from the new company? or does this come under cap-exempt category where again the new company has to file my petition as cap-exempt? Since my petition is approved till 2014, they have to file cap-exempt before that or it can be processed any time in 6 yrs from 2012?

What is the process for filing cap-exempt? same like a new application and this can again have approval/rejection or we will directly go for stamping?

Thanks
Shwetha

[shwethab]

Hi,

PLease suggest here..

[raghvi]

Hi,

PLease suggest here..

The new employer will need to file a cap exempt petition through I129. Once that is approved a new I797 would be generated. You can schedule the visa interview with that and once visa is approved you can travel and work for the new employer.

This is my opinion not legal advice.

[shwethab]

The new employer will need to file a cap exempt petition through I129. Once that is approved a new I797 would be generated. You can schedule the visa interview with that and once visa is approved you can travel and work for the new employer.

This is my opinion not legal advice.

Thanks for the reply Raghvi.
Filing a cap exempt would again take the same processing time or it will be addressed earlier since this petition is already approved?

[raghvi]

Thanks for the reply Raghvi.
Filing a cap exempt would again take the same processing time or it will be addressed earlier since this petition is already approved?

You can premium process it at additional cost if you want a faster result.

This is my opinion not legal advice.

[sairam.om]

If you have the approved petition then it is possible to initiate a "transfer" to B.

As long as B is genuine I dont see any issue in stamping once their petition is approved.

This is my opinion not legal advice.

Thank You for theopenion Raghvi.