H1 Transfer - before landing in US for first time

[whale]

Greetings !!!

I have a question on the H1B - Transfer. Could any one you help me on this?

I have got H1B stamped in India with employer A. I had not traveled to US yet. Now i am getting an offer from employer B. They are willing to do H1B transfer.

Now my question is ,

Should i go through the Stamping process once again for employer B? or

Can i travel with existing stamping of employer A and provide the I-797 of employer B at POE if requested? Is there any other documents required to be shown at POE apart from I797?
Would this transfer raise any questions at the POE?


Could any one share your views on this? I hope this post will be helpful for many new viewers.

[raghvi]

Greetings !!!

I have a question on the H1B - Transfer. Could any one you help me on this?

I have got H1B stamped in India with employer A. I had not traveled to US yet. Now i am getting an offer from employer B. They are willing to do H1B transfer.

Now my question is ,

Should i go through the Stamping process once again for employer B? or

Can i travel with existing stamping of employer A and provide the I-797 of employer B at POE if requested? Is there any other documents required to be shown at POE apart from I797?
Would this transfer raise any questions at the POE?


Could any one share your views on this? I hope this post will be helpful for many new viewers.

Yes you can travel with h1 stamping having Employer A's name and show the I797 of B. If B is not a large employer, make sure you have project related documents, management contact details, and if working at end client preferably a client letter, just in case you are sent for secondary verification. Do a due diligence online about B's employment history.

This is my opinion not legal advice.

[whale]

Thanks Raghvi.

I have a question on the i797.

1. My present petitioner (company A) had given me i797B. Is this sufficient for company B to apply a new petition for me.?

2. when Company B's petition is successful, would i get i797 or i797B ? (i am asking this as i could not understand the difference between the two)

3. At POE, should i show i797 or i797B of company B?

PS: I got concerned after seeing the different i797 forms in the uscis site.

[raghvi]

Thanks Raghvi.

I have a question on the i797.

1. My present petitioner (company A) had given me i797B. Is this sufficient for company B to apply a new petition for me.?

2. when Company B's petition is successful, would i get i797 or i797B ? (i am asking this as i could not understand the difference between the two)

3. At POE, should i show i797 or i797B of company B?

PS: I got concerned after seeing the different i797 forms in the uscis site.

1. Yes.
2. One gets I797A only when one does a COS while in US. Since you are outside US, and your next employer's H1 is also a Consular process, you would get a I797B. One gets a I797C as a courtesy copy, if requested for.
3. I797B as that is the only thing you will be having.

This is my opinion not legal advice.

[umaks]

How about my I-94 then ?

With Company A - I have applied for H1 Visa and got approved petition when I was in India.
Then I went for stamping and got stamped in India.

After that being in India itself, I transferred my same petition to Company -B. But didn’t go for stamping.
I came to USA with Company-Astamped visa but started working on the new petition.

At POE, They didn't see my new or old petitions at all ... just saw Passport. If I see my I-94 online it shows old petition details and I see I-94 less validity as per old petition.

New petition of Company-B is valid for two more years but my I-94 is valid for few months from now.

My Questions is , Do I have to out of US for getting another I-94 ? or Can I get my I-94 extended being in US itself.

Thank you in advance.