H1 approved peition but not stamped

[aditya2303]

Hi

Company A has filed H1B petition for me and my petition was approved with validity till 2017. Till now current employer couldn't find role for me in US. My Visa was not stamped yet. I have got offer from Company B and they promised me they will file H1 petition and will send me US as soon as I join.

1. Company A informed me that if in case I resign they will withdraw my petition. In this case Company B still be able to file new petition?
2. Company B has not agreed to initiate H1 transfer until I join them. So how would the withdrawal effect?

Please help me out with this ASAP. FYI- I have never traveled to US and don't have Visa stamped.

Thanks

[raghvi]

Hi

Company A has filed H1B petition for me and my petition was approved with validity till 2017. Till now current employer couldn't find role for me in US. My Visa was not stamped yet. I have got offer from Company B and they promised me they will file H1 petition and will send me US as soon as I join.

1. Company A informed me that if in case I resign they will withdraw my petition. In this case Company B still be able to file new petition?
2. Company B has not agreed to initiate H1 transfer until I join them. So how would the withdrawal effect?

Please help me out with this ASAP. FYI- I have never traveled to US and don't have Visa stamped.

Thanks

Do you have the approval notice or its copy with you?

1. If yes to above question, then even if A withdraws their petition it does not matter.
2. Since you have the approved petition, it is proof enough that you are already cap counted. Hence B can apply cap exempt petition for you even if A withdraws its petition. B would get a new I797 using which you can go for visa stamping if not already done so.

This is my opinion not legal advice.

[Satya Sanatan Sahoo]

H1B Visa Cap exempt#H1B transfer

Hi All,

I am also into similar situation . I have a valid H1B petition 2013-16 done by my previous organization A . My new employer B wants to transfer/new Cap exempt H1B for me . I have only the petition no with me from organization A . I need to understand whether this is sufficient . As i am not sure whether A can give me a copy of I-797 .

Please help me