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H1B approved Petition Transfer to New Employer

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  • H1B approved Petition Transfer to New Employer

    Hi Everyone,

    I've been reading through this forum, and I really want to thank the founder of this forum and the members of this forum as well, as it helps lot of people aspiring to go to the USA on Visas or perhaps continue to work from there.

    I hope that my queries will be answered and I take an opportunity to thank once again all of you.
    I've the following questions wrt H1 Petition Transfer to a New Employer.

    A short background for you: My employer has filed H1B petition in this year i.e 2012-13 quota, and I just got my H1B Petition approved.

    Scenario1: H1 Petition transfer to New Employer after H1 Visa Stamped in India.
    In this scenario, Can the H1 petition be transferred to a new employer subject to the visa stamped in passport while in India and never traveled to USA?

    Scenario2: H1 Visa denied at consulate during interview and post which, can the same H1 approved petition be transferred to a New Employer?
    In this scenario,let's say the Visa is denied due to some administrative reasons, and issued 221g and want more documentation from the present employer, is it still possible to transfer the H1 petition to a new employer?

    Scenario3: H1 petition transfer before Visa stamping.
    Is it still possible for the new employer to transfer the H1 petition before going for a Visa stamping while in India?


  • #2
    It does not matter whehter you have applied for the Visa and whether it is approved or denied.
    Any employer can file a cap-exempt petition for you at any time during the next 6 years. (What is commonly called as transfer). After the petition is approved, if you already have a Visa in your passport (obtained using any employer's petition), you can use the same Visa tp travel to US.
    This is my opinion and not legal advice.