H1-B transfer to another company after approval before stamping.

[Navin Raj Kumar]

My current company has applied for my H1B and it has been approved in Dec 2012. This is my 1st H1B visa and for 3 years. I have not yet got the stamp yet. It looks like my current company may collapse in the next 3 months ( hopefully not ).

I may have other companies in the US that will be willing to hire me for a fulltime position.
Is this possible to switch to another company before getting my 1st stamp? Do I have to apply for a fresh H1, or will I be able to come under the same cap of 2012 as its approved for my 1st company.

Are there any concerns of doing a change of status before getting my the stamp with the current company? Can you apply for change of status before entering the US?

[kabkaba]

I assume you have not yet traveled to US.
In any case another employer can file a cap-exempt petition for you at any time during the next 6 years. You will need a copy of the previous petition's receipt notice, approval notice or at minimum the receipt number.

[Navin Raj Kumar]

I assume you have not yet traveled to US.
In any case another employer can file a cap-exempt petition for you at any time during the next 6 years. You will need a copy of the previous petition's receipt notice, approval notice or at minimum the receipt number.

Hi Kabkaba,

Thanks for your quick response. I've actually stayed in the US on my L1B visa from the same 1st company from 2009 to 2011 and moved back to India and have applied for the H1B in 2012 which got approved. I've received a copy of the approval from my attorney along with the receipt number.

I'd like to know if the process of applying a cap-except petition is identical to a H1B?
Is this a straightforward process or is this going to be as long as my initial H1B process?
What are the chances that cap-except petitions get approved?
Can I have multiple companies apply for H1B cap-exempt petition if I have more than one offer letter?

[kabkaba]

The process is exactly the same in every aspect, except there is no need to wait until Oct 1 since you are cap counted.