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H1b transfer after stamping from future to current employer

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  • H1b transfer after stamping from future to current employer

    I have H1B visa stamping for company A (future employer,filed petition on April'14) a month back which will expire in Nov'15. Now, 'A' is very lazy on its part to proceed ahead and is not responding (reason I am not sure). I have all the papers like original I 797,I129,LCA etc from 'A'.

    1) Now suppose if I talk to my current company 'B' and if they have the opportunity with them and ready to file a cap exempt petition for me, is it recommended to go ahead with it. Will there be any unforeseen issue(s) ?
    2) Can USCIS ask for last 3 of my most "recent" pay stubs from "A" ( I don't have, as I have never worked with "A") ?
    3) Can I fly to US and work for company B using approved I797 of company B and stamping of company A which shows validity period(till Nov'15) ? Can CBP(U.S. Customs and Border Protection) create issues because my visa shows the name "A" on it ?

    I have never been to USA and in India right now.

  • #2
    Originally posted by panacea6565 View Post
    I have H1B visa stamping for company A (future employer,filed petition on April'14) a month back which will expire in Nov'15. Now, 'A' is very lazy on its part to proceed ahead and is not responding (reason I am not sure). I have all the papers like original I 797,I129,LCA etc from 'A'.

    1) Now suppose if I talk to my current company 'B' and if they have the opportunity with them and ready to file a cap exempt petition for me, is it recommended to go ahead with it. Will there be any unforeseen issue(s) ?
    2) Can USCIS ask for last 3 of my most "recent" pay stubs from "A" ( I don't have, as I have never worked with "A") ?
    3) Can I fly to US and work for company B using approved I797 of company B and stamping of company A which shows validity period(till Nov'15) ? Can CBP(U.S. Customs and Border Protection) create issues because my visa shows the name "A" on it ?

    I have never been to USA and in India right now.
    1. I dont see any issue with that.
    2. If you are not in US they would not ask that.
    3. Yes. CBP will look at the approved petition of B.

    This is my opinion not legal advice.

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    • #3
      Hi panacea6565,

      Were you able to transfer your H1 ? I am in a situation similar to yours and have never traveled or stamped the visa. Can I transfer the visa from India ?

      Comment

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