Approved H1B used in another company

[H1BMonty]

Hi,

I have a H1B approved from Company1 through which I haven't travelled to US, but that company1 is not sending me to US due to various reasons. Is it possible can I use the same H1B in another company and go to onsite? Please clarify.

Thanks,
H1BMonty

[snehanew]

Hi,

I have a H1B approved from Company1 through which I haven't travelled to US, but that company1 is not sending me to US due to various reasons. Is it possible can I use the same H1B in another company and go to onsite? Please clarify.

Thanks,
H1BMonty

Yes,You have to find company which can sponsor & transfer your H1B.When was your earlier H1 approved?

[H1BMonty]

Thanks Sneha for the quick response. My H1B is approved on May, 2014 in Premium Processing. Since I haven't travelled to US in H1B are you telling the new company can do H1B transfer and I can go to onsite with the same H1B? When you say new company should sponsor what does it mean? When I enquired with few of my friends they are telling unless you visited US atleast once with the H1B (approved on May, 2014) you cannot use the same H1B in another company? Whether that is true? Please clarify.

[snehanew]

Thanks Sneha for the quick response. My H1B is approved on May, 2014 in Premium Processing. Since I haven't travelled to US in H1B are you telling the new company can do H1B transfer and I can go to onsite with the same H1B? When you say new company should sponsor what does it mean? When I enquired with few of my friends they are telling unless you visited US atleast once with the H1B (approved on May, 2014) you cannot use the same H1B in another company? Whether that is true? Please clarify.

You have to find a company which can file a new petition I-797 once it is approved & then you can fly after visa stamping

[H1BMonty]

Thanks Sneha. Since I have I-797 from my current company (approval notice) can i use the same for US travel in my new company (after H1B transfer) ? (Or) Whether the new company need to apply for new I-797 again as well as visa stamping? Please clarify.

[raghvi]

New Company will file a new I129 mentioning that it is cap exempt and put in the earlier Approved petition number. USCIS will issue a I797 if I129 is found approved.

This is my opinion not legal advice.