H1B visa on Consular processing

[Chiranjeevi]

Hello,
I am right now on L1 Visa which is valid for another 3 years. But for the safety and to be eligible to change companies, I applied for H1B via a consultancy for consular processing. Luckily, I got selected in the lottery in April 2015 and the petition has been approved for consular processing.

Idea of going for consular processing was not to get new I-94 which forces me to come out of my current company on L1.

Things are fine so far and the consultancy has shared a soft copy of I-797(H1B approval) with me. Now..

1. In future, if I want to move to a new company, what documents should I have in hand? Do I need to have original I-797 with me for H1B transfer by the new company or a soft copy is enough?

2. My consultancy is telling that, they will cancel my petition so that the client will be freed with the obligation of having me to work for them when USCIS asks them. They are assuring me, that I will be safe as I am cap exempted and the new company can always use that cancelled I-797 for H1B transfer (amendment).

Your inputs would really help me. Thanks a lot!!!

[shervin143]

1. In future, if I want to move to a new company, what documents should I have in hand? Do I need to have original I-797 with me for H1B transfer by the new company or a soft copy is enough?
>>> Soft copy is enough.

2. My consultancy is telling that, they will cancel my petition so that the client will be freed with the obligation of having me to work for them when USCIS asks them. They are assuring me, that I will be safe as I am cap exempted and the new company can always use that cancelled I-797 for H1B transfer (amendment).
>>> If they revoke the petition before Oct 1st, then you are no longer counted against the CAP. A transfer is not possible in that case.

[Chiranjeevi]

1. In future, if I want to move to a new company, what documents should I have in hand? Do I need to have original I-797 with me for H1B transfer by the new company or a soft copy is enough?
>>> Soft copy is enough.

2. My consultancy is telling that, they will cancel my petition so that the client will be freed with the obligation of having me to work for them when USCIS asks them. They are assuring me, that I will be safe as I am cap exempted and the new company can always use that cancelled I-797 for H1B transfer (amendment).
>>> If they revoke the petition before Oct 1st, then you are no longer counted against the CAP. A transfer is not possible in that case.

Thanks for the reply.
They are panning to cancel it post Oct, 1st. I hope, that will not affect my plans in any way. I assume, I would be cap exempted, and I am free to join any company at any time of an year by filing an amendment.
Also, How much time do I have to make use of this petition?

[shervin143]

One H1B CAP is valid for 6 years.

Thanks for the reply.
They are panning to cancel it post Oct, 1st. I hope, that will not affect my plans in any way. I assume, I would be cap exempted, and I am free to join any company at any time of an year by filing an amendment.
Also, How much time do I have to make use of this petition?

[Chiranjeevi]

One H1B CAP is valid for 6 years.

As expected, USCIS has sent a mail to the client asking if I have joined them or not. They are demanding a response ASAP saying what is been done with my approved petition. Since, I am continuing with my L1, Client is going ahead and filing for cancellation of my petition in the coming week. They are not clear if I can use the cancelled petition(receipt number) for H1B transfer(amendment) in future with cap exemption.

As per the below responses, I guess, I am safe but need confirmation again that cancelled petition doesn't harm me in future if I want to use it for transfer or amendment with any company.

Thanks again for your time..

[shervin143]

It doesn't matter whether the petition is active or revoked. A copy of the petition can be used to prove that you are CAP counted. However, starting this year, there are RFEs raised by USCIS when one tries to file a transfer to another company without working for the H1B sponsor. There are also people who have successfully transferred their petition.

As expected, USCIS has sent a mail to the client asking if I have joined them or not. They are demanding a response ASAP saying what is been done with my approved petition. Since, I am continuing with my L1, Client is going ahead and filing for cancellation of my petition in the coming week. They are not clear if I can use the cancelled petition(receipt number) for H1B transfer(amendment) in future with cap exemption.

As per the below responses, I guess, I am safe but need confirmation again that cancelled petition doesn't harm me in future if I want to use it for transfer or amendment with any company.

Thanks again for your time..

[Chiranjeevi]

It doesn't matter whether the petition is active or revoked. A copy of the petition can be used to prove that you are CAP counted. However, starting this year, there are RFEs raised by USCIS when one tries to file a transfer to another company without working for the H1B sponsor. There are also people who have successfully transferred their petition.

Thanks. What should I do when I face RFE in future for the same? Any experiences regarding this would be helpful.
Also, What are my options in the worst case scenario of my H1B transfer getting rejected in future?

[shervin143]

What should I do when I face RFE in future for the same? Any experiences regarding this would be helpful.
>>> Well, that depends on what the RFE is for. Any good immigration attorney can sure handle it properly.

Also, What are my options in the worst case scenario of my H1B transfer getting rejected in future?
>>> You can either try a transfer with another employer. If that too doesn't work for the same reason, then you will either need to work for the H1B employer who sponsored your petition for some time and then file the transfer or file the petition again with a different employer next year under a brand new CAP.

[Chiranjeevi]

>>> You can either try a transfer with another employer. If that too doesn't work for the same reason, then you will either need to work for the H1B employer who sponsored your petition for some time and then file the transfer or file the petition again with a different employer next year under a brand new CAP.

I would not have a chance to work for my H1B sponsor in future as he is going to cancel the petitions in few weeks..