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Regarding I797 and H1B Transfers

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  • Regarding I797 and H1B Transfers


    Need some suggestions. I applied for H1B this year through a consultant in US and got through lottery. Recently, I also got my I797 approval. The consultant will now schedule a date for visa interview, etc. Once that and stamping is done, I need to fly to US and work for him as a consultant/contractor.
    I have friends in two other firms in US who have agreed to recruit me full time. Now my question is rather simple - can these firms apply for my H1B transfer right after the visa interview and stamping happens or will I be needed to work for the consultancy guy for a few months before they can apply for my H1B transfer?

    Appreciate any suggestions. Just trying to figure out my options.


  • #2
    USCIS can deny the H1B transfer filed on a new CAP prior to Oct 1st. You can try to transfer it post Oct 1st.

    That being said, if your friends are already in U.S and willing to file a transfer, then why didn't they sponsor your H1B petition under a new CAP? The employer seem to have spent a lot of money to get you through lottery and they are willing to spend more to schedule the visa interview. After all this, your friends just want to do a transfer to get you on board before even you begin working for the employer?
    Not a legal advice. Use of this information is strictly at your own risk.