Changing employer after H1B (without CoS) approved but visa not stamped

[TalkShowHost]

I work with Employer A and Employer B applied for my H1B this March 2014.

Current status is that I129 PETITION FOR A NONIMMIGRANT WORKER is approved.

My application was submitted WITHOUT Change of Status so I have to go outside of US to get stamped before I start working for Employer B.

My questions are below:
1) At this point can I change job to new Employer C?
2) Is it possible to transfer my H1B to a new Employer C when I have not started working with Employer B?
- I do not have any forms like I129 or 1797 with me. All I have is the receipt number with USCIS with which I check status.
3) Can Employer B force me to go for stamping so that I can be used?
4) What can Employer B possibly do if I do not go for stamping immediately as requested? Can they cancel my H1?

Please let me know.

Thanks in advance,

- Arvind

[raghvi]

I work with Employer A and Employer B applied for my H1B this March 2014.

Current status is that I129 PETITION FOR A NONIMMIGRANT WORKER is approved.

My application was submitted WITHOUT Change of Status so I have to go outside of US to get stamped before I start working for Employer B.

My questions are below:
1) At this point can I change job to new Employer C?
2) Is it possible to transfer my H1B to a new Employer C when I have not started working with Employer B?
- I do not have any forms like I129 or 1797 with me. All I have is the receipt number with USCIS with which I check status.
3) Can Employer B force me to go for stamping so that I can be used?
4) What can Employer B possibly do if I do not go for stamping immediately as requested? Can they cancel my H1?

Please let me know.



Thanks in advance,

- Arvind

What is your current status? On What visa did you enter US? On what visa are you working for A?

1 & 2. Technically possible, but without I797 approval copy it woul dbe difficult to convince a genuine employer to offer you.
3. No they cannot.
4. They can revoke the H1. If revoked and you dont have the approval notice it could be difficult to claim cap exemption in future.



This is my opinion not legal advice.

[TalkShowHost]

What is your current status? On What visa did you enter US? On what visa are you working for A?

1 & 2. Technically possible, but without I797 approval copy it woul dbe difficult to convince a genuine employer to offer you.
3. No they cannot.
4. They can revoke the H1. If revoked and you dont have the approval notice it could be difficult to claim cap exemption in future.



This is my opinion not legal advice.

Thanks for your response.
I am on L1A with Employer A, valid until 2016.