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H1B Visa Petition transfer

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  • H1B Visa Petition transfer

    Hi,

    My Company A had applied for my H1B in April 2014. I came under the Aug, 2014 cap from my Company A and that my petition has been approved. I have been notified by Company A, that I have got it approved and have been provided only the Receipt Number of the petition. My Company A had asked me to sign a bond for 2 years starting from Jan 2014 to Jan 2016.

    My Company now doesnt seem to have any projects to send me for stamping and its been pending in the approved state. Now on Nov 2014 my Company A got acquired by Company A1 who is not bothered of stamping my visa. I had put up my profile in job sites citing that I have H1B petition approved & got called by Company B who interviewed and selected me because I am an H1B visa/ petition holder as they had immediate onsite projects. I am planning to resign assuming that the Bond I had signed with Company A/A1 is only valid if they had stamped it, which they have not.

    I am worried for the below reasons.

    1) Can my Company A (now Company A1) sponsored visa approval petition be transferred to Company B?
    2) Can Company A (now Company A1) cancel my petition if I resign?
    3) Can my visa be stamped by Company B only with the Receipt ID (which I am sure is mine)?
    4) Can I fail my H1B interview for the reasons that I am applying on behalf of Company B instead of A/A1?
    5) If Company A/A1 can cancel my petition, can Company B apply for a new petition without the Lottery and procedures in less time?
    6) Will Company A/A1 be notified if Company B is planning to go forward with my petition?

    Thanks, Mjay

  • #2
    Slightly similar situation

    I'm in US on H1B. In India, I signed company’s (X1) offer letter stating 'You will pay X1 an amount equal to 2 months of your salary if you resign or if X1 terminates you within 2 years, as X1 is incurring significant costs time, effort & resources to train & market your resume to obtain placements with clients & a substantial time/volume of placements is required for X1 to recoup such costs/investment'. If I move to company X2 within 2 years, how much is this agreement binding on me? Can I change the company ? X1 project is over and they don't have any other project for me now. X2 has a project ready for me now.
    Thanks.
    TS.

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