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  • H1B Transfer

    Hi Experts,

    Right now i am in India working for company X , i am having valid H1B petition from an US based company Y ( not yet appeared for stamping).


    now i want to transfer my H1B ( from Y) to the company (to X ) where i am working for .

    My question is ,after transfered the petition from Y to X, still the petition with Y is valid? i mean still can i use it and appear for the visa?



    Thanks in advance.

    VR

  • #2
    X can file a cap-exempt petition for you using the approval from Y. Both petitions remain valid and you can use any one to apply for your Visa and travel to US. You can only work for any one employer while in the US.
    This is my opinion and not legal advice.

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    • #3
      To add to the below, if you enter U.S using employer X's petition, then you should work for employer X. If you use Y's petition at the POE, then you should work for employer Y.
      Not a legal advice. Use of this information is strictly at your own risk.

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