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H1 Transfer from Employer A to B without starting to work for A

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  • H1 Transfer from Employer A to B without starting to work for A

    All,

    I am currently in the US on a L1B working for Employer C.

    I had applied for Cap Counted H1B 2016 via Employer A. The petition was filed as Consular Processing since I wanted to decide as to when I want to start working for Employer A. This H1B just got approved last week.

    Another employer, Employer B is willing to offer me a full-time position. I would like to take up the offer and join Employer B. I would like to understand the Visa related processing needed to start working for Employer B.

    Note: I haven't started working for A on the H1B.

    - If I have to start working for B, will they need to do a H1 Transfer or will they need to file for new H1?
    - If Employer B has to file a new H1, can it be cap-exempt?
    - Is it possible to do a H1 Transfer or a Cap-exempt fresh H1 without the Petition Document from A. I do have the Petition Number.

    Any other useful info will also be appreciated.

  • #2
    Originally posted by sonofgun View Post
    All,

    I am currently in the US on a L1B working for Employer C.

    I had applied for Cap Counted H1B 2016 via Employer A. The petition was filed as Consular Processing since I wanted to decide as to when I want to start working for Employer A. This H1B just got approved last week.

    Another employer, Employer B is willing to offer me a full-time position. I would like to take up the offer and join Employer B. I would like to understand the Visa related processing needed to start working for Employer B.

    Note: I haven't started working for A on the H1B.

    - If I have to start working for B, will they need to do a H1 Transfer or will they need to file for new H1?
    - If Employer B has to file a new H1, can it be cap-exempt?
    - Is it possible to do a H1 Transfer or a Cap-exempt fresh H1 without the Petition Document from A. I do have the Petition Number.

    Any other useful info will also be appreciated.
    Anyone? With any info that could help?

    Thanks in advance....!!

    Comment


    • #3
      Originally posted by sonofgun View Post
      Anyone? With any info that could help?

      Thanks in advance....!!
      Do you have the I797 Approval notice of A?

      Comment


      • #4
        Originally posted by raghvi View Post
        Do you have the I797 Approval notice of A?
        Hello Raghvi,

        I do have the a scanned copy of the First Page of the I797 Approval Notice. Will that suffice? And if yes, for what purposes?

        Comment

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