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  • H1 petition approved visa not yet stamped

    I have a valid and approved petition in 2012 filed by Company A. Till now my company has not arranged for visa interview. There are very few chances of my H1 stamping through Company A.

    1) Can i apply for H1B transfer to other company without my H1B visa stamped.

    2) Will the company have to file the petition again even though my petition is approved? If yes what would be the fee the Company B has to pay?

    3) How difficult it would to face the H1 visa interview with Petition approved while in Company A and attending Visa interview while in CompanyB?

    4) My Initial petition filed by Company A is an MNC and planning to apply transfer through a Consulting firm smaller than Company A. Will this affect during the H1 visa interview?

    Thanks

  • #2
    1. Yes
    2. Yes, a cap-exempt petition. Fees will be the same as any other petition.
    3. You will need B's approved petition as above. It will make no difference that the original petition was filed by A.
    4. Like above, that will make no difference. But in general smaller consulting company's face more scrutiny and need to show that they have legitimate work waiting for you.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      1. Yes
      2. Yes, a cap-exempt petition. Fees will be the same as any other petition.
      3. You will need B's approved petition as above. It will make no difference that the original petition was filed by A.
      4. Like above, that will make no difference. But in general smaller consulting company's face more scrutiny and need to show that they have legitimate work waiting for you.
      Hi kabkaba,

      I have an approved H1B visa but not stamped from employer A. I dont have the petition/approval documents with me, but I have only the petition no (WAC***) with me.
      I have resigned employer A and joined employer B. Employer B agrees to transfer my H1B.

      Is it possible for H1B transfer or H1B cap Exempt in this case?
      Employer B (visa management team) asked for the approval documents and informed me that it is mandatory to submit them for H1B transfer.
      Is it mandatory to submit the petition documents? or only petition no will suffice the requirement?

      Is it possible for me to get the petition/approval documents (Form I797) from USCIS with the petition no?

      Please help me with your suggestions.

      Thanks,
      Karthick

      Comment


      • #4
        Yes, it is possible. Technically all you need is receipt number, but some employers will insist on seeing the receipt notice or approval notice. So you may need to convince your employer. The employer only needs to mention the number in their supporting letter and in possibly in I-129. So try to convince your new employer. Ask them to speak with their lawyers about this. You can also consult your own experienced immigration attorney and have them talk to your company's lawyers.
        This is my opinion and not legal advice.

        Comment

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