H1B Transfer procedure before Visa stamping

[arghagare]

Hi All,

I am presently located in Mumbai and my petition has been selected and APPROVED in the 2014 lottery with a prospective employer P. However, I hold an offer from my current employer C to relocate to US and they'd like to file for a H1B Transfer. I'd really appreciate your suggestions and ideas.

Documents in Possession : Receipt Number only.
Current State : Petition Approved, Interview & Stamping Pending (Not Scheduled).
Current Employer : Employer C (Employment with P begins only after October 1)
Objective : To Transfer the H1B from Employer P to C before stamping.

1) What are the set of documents required from employer A to initiate the transfer ?
2) What are the chances of the new H1B petition getting rejected ? Possible reasons ? (Please note : Employer C is my current employer)
3) If in case the new petition gets rejected, what happens to the earlier approved petition ? Does it get cancelled ? Am i still eligible to go for stamping with the APPROVED status of employer A.
4) Does USCIS notify employer P ?

Regards

[raghvi]

Hi All,

I am presently located in Mumbai and my petition has been selected and APPROVED in the 2014 lottery with a prospective employer P. However, I hold an offer from my current employer C to relocate to US and they'd like to file for a H1B Transfer. I'd really appreciate your suggestions and ideas.

Documents in Possession : Receipt Number only.
Current State : Petition Approved, Interview & Stamping Pending (Not Scheduled).
Current Employer : Employer C (Employment with P begins only after October 1)
Objective : To Transfer the H1B from Employer P to C before stamping.

1) What are the set of documents required from employer A to initiate the transfer ?
2) What are the chances of the new H1B petition getting rejected ? Possible reasons ? (Please note : Employer C is my current employer)
3) If in case the new petition gets rejected, what happens to the earlier approved petition ? Does it get cancelled ? Am i still eligible to go for stamping with the APPROVED status of employer A.
4) Does USCIS notify employer P ?

Regards

1. Though receipt number is sufficient, but some employers/lawyers insist on the copy of the approval notice. And the usual H1 related docs Degree, exp, passport, etc.
2. Do you have a definite project requirement matching your skill set for employer C? Would they be able to get a client letter if required? If you feel confident only then try for a transfer.
3. Yes, unless USCIS revokes the original petition itself due to fraud/misrepresentation.
4. No.

If both C and P opportunities are similar, would suggest you ask P for all the documentation such as client letter, etc and go for stamping for P, if approved for P travel and work for P and once in US then ask C if they still interested. On the other hand, If P's visa gets rejected , C can still use the petition to file their own cap exempt petition.



This is my opinion not legal advice.