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H1B transfer with existing petition/same employer

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  • H1B transfer with existing petition/same employer


    I have a approved petition (valid till Oct 2012) with Employer A and another approved petition (valid till Feb 2013) with Employer B. Both are consular processing at Chennai India. I went for stamping on approved petition of Employer B, stamped and started working for the client. Now I want to go back to Employer A again. What should I need to do
    A). Can I transfer stamped existing H1B from Employer B to Employer A? Is it allowed? Because I doubt I have already one petition from Employer A without stamping.
    B) Can I use the existing Employer A petition without stamping?

    I prefer option A, because stamping is not required for visiting India and validity of the petition B is longer than petition A
    Please advice.


  • #2
    Employer A can file a H1B transfer or you can leave the country (make sure you return all the I-94s when you leave) and re-enter with Company A's petition. You will get a new I-94 associated to Employer A's petition at the POE. You can use the current valid H1B stamped in your passport to re-enter U.S (No need to go for stamping).

    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Thank you very much, it helps me