Transfering H1B to a new company before entering into US.

[Manevannan]

Hi All,

I have valid H1B stamped for a company A and i never entered into US. Now I have got a new offer from Company B in US. Is it possible to transfer my visa to company B? Is there legal issues?

[raghvi]

Hi All,

I have valid H1B stamped for a company A and i never entered into US. Now I have got a new offer from Company B in US. Is it possible to transfer my visa to company B? Is there legal issues?

Visas are not owned by Companies, so you need not do a "transfer". What B needs to do is file a cap exempt petition. For this you have to give B, A's approved petition copy, and b can file for their own H1 petition (it will be outside the cap as you are already cap counted). Once B's petition is approved they will get a new I797. Using B's I797 and existing visa (even if it has A's name on it) , you can travel to US. At the Port of Entry show B's I797 along with the visa.

This is my opinion not legal advice.