H1B Transfer from Company A to Company B

[Vaibhav Chaudhari]

Hello,

I know this is usual scenario but the story is little different here.

I raised H1B visa request while working for Company A and 2 months later I switched to Company B.

Now I see a mail from Company A stating - "Congratulations!!! We are happy to inform that your H1-B Petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Please note that stamping process will commence from August 1st 2015."

Now I can't get this stamping done as I have no access to Company A sites.

Is there any chance* that I can use this visa approval in Company B? Do I have rights to request Company A to transfer things to Company B?

[shervin143]

Are you talking about H1B petition approval? If so, was the petition filed under a brand new H1B CAP with an effective date of Oct 1st?

[Vaibhav Chaudhari]

Hi Shervin,

Thank you for your reply.

Yes, I see in that mail - "Timeline for visa stamping will vary based on the consulate interview date availability and receipt of the original approval notice from USCIS. H-1B petition start date will be from Oct 1st 2015".

Please let me know you need any details from my side.

[raghvi]

First of all it surprises me that you getting mails from A when you already quit them. Normally such mails are sent at the corporate email Ids and yours should have been disabled the day you left A.

Anyhow, you legally do not have a right to ask A to port the H1 petition to B as its A's petition, you were just a beneficiary of that petition. What you probably need to do is contact the HR/Immigration team of A and see if they would provide you with the petition details as without the receipt number/approval notice B may not be able to re use that petition. If you are lucky and the HR of A hasnt yet realized that you have left the organization they might send you the details.

This is my opinion not legal advice.

[Vaibhav Chaudhari]

Hi Raghvi,

You are right. My Company A id was disabled on my last working day but while leaving I provided my personal email id on which I received this H1B related email.

Thank you for advice BTW.