H1B Petition non-cap process while change of employer from A to B

[Junaidk86]

Hi I have recently joined new employer B. I had got H1B Petition last year in month of Oct from my last employer A. During separation, my last employer took the original petition and give me a copy of it. I had not transferred my H1 from employer A to B while separation. Now I request to the experts to help me how I can utilize my H1B Petition copy in employer B. Do I need to file a new H1B or there is any workaround to use the petition copy.

Please suggest.

Regards,
Junaid

[raghvi]

Hi I have recently joined new employer B. I had got H1B Petition last year in month of Oct from my last employer A. During separation, my last employer took the original petition and give me a copy of it. I had not transferred my H1 from employer A to B while separation. Now I request to the experts to help me how I can utilize my H1B Petition copy in employer B. Do I need to file a new H1B or there is any workaround to use the petition copy.

Please suggest.

Regards,
Junaid

I am assuming you are outside US. Employer B would file a new I129 as cap exempt and refer the A's petition number to justify cap exemption. Once B's I129 is approved they would get a new I797, which you can use to schedule and attend the H1 interview. B's immigration team would typically be aware of this process.

This is my opinion not legal advice.

[Junaidk86]

H1B Petetion - Regarding cost and duration for filing new I129

I am assuming you are outside US. Employer B would file a new I129 as cap exempt and refer the A's petition number to justify cap exemption. Once B's I129 is approved they would get a new I797, which you can use to schedule and attend the H1 interview. B's immigration team would typically be aware of this process.

This is my opinion not legal advice.

Thanks Raghvi..

Yes I am not in USA.. I am in India. I understood the process. Now can you please tell me what would be the approximate cost for all these and how long the whole process will take.

Regards,
Junaid

[raghvi]

Thanks Raghvi..

Yes I am not in USA.. I am in India. I understood the process. Now can you please tell me what would be the approximate cost for all these and how long the whole process will take.

Regards,
Junaid

If all documentation is proper 2-4 Weeks in premium, 2-4 Months in normal processing.

It is illegal for you to pay for this fees except the premium processing fees. But if you curious it can cost between 3K to 6 K USD based on the attorney cost.

This is my opinion not legal advice.

[Junaidk86]

If all documentation is proper 2-4 Weeks in premium, 2-4 Months in normal processing.

It is illegal for you to pay for this fees except the premium processing fees. But if you curious it can cost between 3K to 6 K USD based on the attorney cost.

This is my opinion not legal advice.

Thanks for your inputs.

Junaid