H1b transfer with new employer

[pravinlexman]

Hi Team,

I have an H1B filed by petitioner 'A' and visa stamping is complete. I have not travelled to US yet. The visa is valid for 2 years

Now, I have a new employer 'B' who is interested to employee me and wants to file H1B transfer. Employer B has better prospects and gives a better career choice, so am interested too . This being the scenario, below are my questions

1) As i have not worked for employer A and have not travelled to US, is it possible for employer B to file a H1B for me ?
2) To be on the safe side, do i need to request any documents from employer A, that will save me from future legal trouble?
3) Do i need to intimate employer A about this change in interest. Ethically yes, but legally is it required ?

Thanks in advance
Lex

[raghvi]

Hi Team,

I have an H1B filed by petitioner 'A' and visa stamping is complete. I have not travelled to US yet. The visa is valid for 2 years

Now, I have a new employer 'B' who is interested to employee me and wants to file H1B transfer. Employer B has better prospects and gives a better career choice, so am interested too . This being the scenario, below are my questions

1) As i have not worked for employer A and have not travelled to US, is it possible for employer B to file a H1B for me ?
2) To be on the safe side, do i need to request any documents from employer A, that will save me from future legal trouble?
3) Do i need to intimate employer A about this change in interest. Ethically yes, but legally is it required ?

Thanks in advance
Lex

1. Yes.
2. In order for B to file a cap exempt petition you need to provide A's I797 copy. But I assume you already would have A's I797 copy as you went to h1 interview for them.
3. Legally not required.

This is my opinion not legal advice.