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Changing Job to company B (in India) after getting H1B from company A ( in India )

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  • Changing Job to company B (in India) after getting H1B from company A ( in India )

    I am currently working in India and I have got an offer from company B in india who is ready to process my H1B. But I don't want to join company B , however I don't want to loose the opportunity to get my H1B stamped. I understand that I have to keep the H1B petition receipt number from the original petition so that it can later be used by another company to file a fresh petition under cap exempt category. My questions are.

    1. How can I get the receipt number ?
    2. What if company B does not share the receipt number with me when I am going for Visa interview.?
    3. What happen if company B revoke original petition before I could find another employer who is ready to file a fresh petition under exempt cap ?
    4. Does cancellation of original petition will have any impact on the fresh petition filed by new employer ?

    I am staying in India and thus will do everything from India . Say this is my first H1B and I have never got a chance to travel on the same and my employer is already in the process of revoking the original petition. However I am looking out for a fresh employer who is ready to file a fresh petition. Please help me

  • #2
    1. How can I get the receipt number ?
    >>> You need a copy of the approval notice to claim CAP exempt. Most employer won;t accept receipt number. If a transfer is filed with a receipt number, it is possible USCIS raise an RFE. Most employers won;t be ready to take that risk. Btw, getting the receipt number / approval notice form the employer is the only way.

    2. What if company B does not share the receipt number with me when I am going for Visa interview.?
    >>> You cannot go for the visa interview without a valid approval notice. If company B won't give you the approval notice, then you cannot go for stamping.

    3. What happen if company B revoke original petition before I could find another employer who is ready to file a fresh petition under exempt cap ?
    >>> If the employer revoked the petition before Oct 1st, then you loose the CAP. After that, you will retain the CAP. But you need a copy of the approval notice to file the transfer.

    4. Does cancellation of original petition will have any impact on the fresh petition filed by new employer ?
    >>> Not if it is withdrawn after Oct 1st.
    Not a legal advice. Use of this information is strictly at your own risk.

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