H1B Transfer without Stamping

[Ashish Verma]

I work for Company A in India and they Filed H1B for me. Its approved. I have the soft copy of approved H1B petition. Hard copy is with company. Stamping is not yet done, so not entered in US yet.
I got offer from Company B in India they are ready to transfer H1B.
Questions -
1. Can company B transfer my H1B petition?
2. Will it come under CAP limit? Any particular time for transfer or can be done anytime?
3. Company B says they will initiate transfer only after I will join them. If I resign from company A, can Company A revoke my H1B petition?
4. If yes, even after company A revoke my petition, can Company B file new petition or transfer old one? Will that be in CAP limit?

Any other suggestion....

Thanks
Ashish Verma

[raghvi]

I work for Company A in India and they Filed H1B for me. Its approved. I have the soft copy of approved H1B petition. Hard copy is with company. Stamping is not yet done, so not entered in US yet.
I got offer from Company B in India they are ready to transfer H1B.
Questions -
1. Can company B transfer my H1B petition?
2. Will it come under CAP limit? Any particular time for transfer or can be done anytime?
3. Company B says they will initiate transfer only after I will join them. If I resign from company A, can Company A revoke my H1B petition?
4. If yes, even after company A revoke my petition, can Company B file new petition or transfer old one? Will that be in CAP limit?

Any other suggestion....

Thanks
Ashish Verma

1. Yes.
2. It will be cap exempt. Time limit would be within 6 Years of the Year in which it was cap counted.
3. It doesnt matter even if A revokes their petition, company B's petition will still be cap exempt.
4. As said B's petition will be cap exempt.

For H1, firstly, one needs to be Cap Counted which you already are, based on being cap counted any company can petition you , based on an approved petition you can go for visa stamping, based on approved stamped visa you can enter US and would be granted an I-94, based on this I-94 you can stay in US.

This is my opinion not legal advice.

[Ashish Verma]

1. Yes.
2. It will be cap exempt. Time limit would be within 6 Years of the Year in which it was cap counted.
3. It doesnt matter even if A revokes their petition, company B's petition will still be cap exempt.
4. As said B's petition will be cap exempt.

For H1, firstly, one needs to be Cap Counted which you already are, based on being cap counted any company can petition you , based on an approved petition you can go for visa stamping, based on approved stamped visa you can enter US and would be granted an I-94, based on this I-94 you can stay in US.

This is my opinion not legal advice.

Thanks Raghavi. few more queries ..
1. As you said that new petition will be cap exempt, is there any specified time limit to file that petition? Like new petition filing starts from 1st April.
2. I think company B can file is anytime, is it correct?
3. Also, how long does it take to get that kind (transferred) of petition? Is there any chances of cancellation?
4. Will there be any limitation for entering US? Like with new filed petition one can enter in US only from 1st October.

Thanks a lot for helping.

Thanks
Ashish

[raghvi]

Thanks Raghavi. few more queries ..
1. As you said that new petition will be cap exempt, is there any specified time limit to file that petition? Like new petition filing starts from 1st April.
2. I think company B can file is anytime, is it correct?
3. Also, how long does it take to get that kind (transferred) of petition? Is there any chances of cancellation?
4. Will there be any limitation for entering US? Like with new filed petition one can enter in US only from 1st October.

Thanks a lot for helping.

Thanks
Ashish

1. No restriction, cap exempt petitions can be filed any time.
2. Yes.
3. 2-4 Weeks in premium ($1300 USD extra), 2-4 Months normal processing.
4. No, it can be immediate start date. As and when the petition is approved, you can go ahead and book the visa appointment, and once granted visa can travel immediately.


This is my opinion not legal advice.

[sowjanyak]

H1B Transfer without Stamping

Hi Raghavi,

I am aslo in same situation.But my case is I went for Interview got 221g Blue slip currently my petition sent to USCIS for the review.In this case Can Apply for H1B with different employer who is ready to transfer.please let me know.If answer is yes,Do I need to ask my employer withdraw my first petition.

Please let me know .Thanks in advance.

[vartul.arora]

H1B Transfer without Stamping - no petition documents

Hi Raghavi

I have a similar case as Ashish but I do not have my base petition document with me. I only have the reciept number. Will this be suffcient to apply for H1b transfer by Company B ? If not - is there a way for me to seek the petition papers from USCIS as against Company A ?

Thanks in advance!

Kind Regards
Vartul

[raghvi]

There are few companies which would take a risk on you merely on the basis of receipt number as there is no guarantee that the receipt actually belongs to you. Those who do that may ask you for legal costs. Its not easy getting those details out from USCIS , as the petition is filed by employer and as such belongs to the employer not to the employee. Employer A is your best bet of getting the petition copy.

This is my opinion not legal advice.

[Anil Kumar M]

H1B Transfer without Stamping

Hi Raghavi,

I am aslo in same situation.But my case is I went for Interview on March 12th 2014 got 221g Blue slip currently my petition sent to USCIS for the review.Now my new employer is willing to transfer that to his Company.Is it possible to transfer ? One more question is can I file a new H1B with another employer ?

Waiting for your reply.

Regards,
M Anil Kumar

[Anil Kumar M]

H1B Transfer without Stamping

Hi Raghavi,

I am aslo in same situation.But my case is I went for Interview on March 12th 2014 got 221g Blue slip currently my petition sent to USCIS for the review.Now my new employer is willing to transfer that to his Company B.Is it possible to transfer ? One more question is can I file a new H1B with another employer ?

I got the original H1 B Copy (I797) with me itself.

Do I need to notify or get permission from my Employer A who filed my petition intially ?

Waiting for your reply.

Regards,
M Anil Kumar[/QUOTE]

[raghvi]

Hi Raghavi,

I am aslo in same situation.But my case is I went for Interview on March 12th 2014 got 221g Blue slip currently my petition sent to USCIS for the review.Now my new employer is willing to transfer that to his Company B.Is it possible to transfer ? One more question is can I file a new H1B with another employer ?

I got the original H1 B Copy (I797) with me itself.

Do I need to notify or get permission from my Employer A who filed my petition intially ?

Waiting for your reply.

Regards,
M Anil Kumar

[/QUOTE]

No need to inform employer A. B can file a cap exempt petition. And if you want you can ask another employer to file a new petition too. Do take steps that the other employer also do not turn up like A and you get 221G with newer one too.

This is my opinion not legal advice.

[Venkat Gorakarapu]

H1B Transfer from company A to B before stamping . now can i for go stamping with A?

Hi Experts,
I am working with company B. I applied H1B through Employer A (3rd party), and it is approved,but stamping not yet done due to no onshore role. so i Transffered H1b from A to B,but here in B also stamping not yet done. Now Company A got the onshore role, ready to send me for stamping( Company A doesn't know about the the Transfer). Shall i go ahead for stamping with Company A, is there any risk at US consulate of rejection chances? as i did the transfer from A to B.

Please help me on this ? as i need to take the decision with in this week.

Regards
VG

[raghvi]

Hi Experts,
I am working with company B. I applied H1B through Employer A (3rd party), and it is approved,but stamping not yet done due to no onshore role. so i Transffered H1b from A to B,but here in B also stamping not yet done. Now Company A got the onshore role, ready to send me for stamping( Company A doesn't know about the the Transfer). Shall i go ahead for stamping with Company A, is there any risk at US consulate of rejection chances? as i did the transfer from A to B.

Please help me on this ? as i need to take the decision with in this week.

Regards
VG

I dont see any issues. While going for stamping, you would carry Employer A's petition (I797) and associated documents.

This is my opinion not legal advice.

[TheJitendra]

H1B Transfer without Stamping (Just based on petition number, NOTHING ELSE)

Hi,

Current company filed for H1B in 2015 and selected in lottery (I am in INDIA). Company filed for H1B petition (ending on sep 2016, yes this month end) and I know the petition number. I didn't have any other info or documents with me.

I got very good offer from company b.

If i resign from current company they wont give me any visa info or documents. In that case can new company file new "cap exempt petition" based on just on previous petition number and get me h1b stamped? Again repeating I dont have any info or document except my first petition number and my current company wont provide any.

So should i stick around current company till i get h1b visa

or

new company can file cap exempt petition and get me visa stamped (assuming current org wont help)