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H1B Transferred to Employer B with out stamping.

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  • H1B Transferred to Employer B with out stamping.

    Hi Experts,
    I am working with company A. I applied H1B through Employer B, and it is approved,but stamping not yet done as there is no project. my current company A transferred that H1B and it is approved,but here also stamping is not yet done saying wait for 6 months as there is no onshore role at present,where i cannot wait. Now Company B got the onshore role, asking me to go for stamping( Company B doesn't know about the the Transfer). Shall i go ahead for stamping with Company B, is there any risk at US consulate of rejection chances?

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

    Regards
    VG.
    Last edited by Venkat Gorakarapu; 06-13-2015, 10:58 PM.

  • #2
    please help me on this.

    Comment


    • #3
      Originally posted by Venkat Gorakarapu View Post
      Hi Experts,
      I am working with company A. I applied H1B through Employer B, and it is approved,but stamping not yet done as there is no project. my current company A transferred that H1B and it is approved,but here also stamping is not yet done saying wait for 6 months as there is no onshore role at present,where i cannot wait. Now Company B got the onshore role, asking me to go for stamping( Company B doesn't know about the the Transfer). Shall i go ahead for stamping with Company B, is there any risk at US consulate of rejection chances?

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

      Regards
      VG.
      I dont see any issues in you proceeding with B's I797 and other relevant documentation, provided you have all the required documents from B. Rejection, if at all any would be based solely on B's petition, you already having A's petition would not be the deciding factor.

      This is my opinion not legal advice.

      Comment


      • #4
        Thanks for your reply,
        But i came to know from my friend pointing it out that "if need to go for stamping along with B petition, i need to Transfer back again from A to B though the Petition B is valid and is not revoked.is this true?

        Comment


        • #5
          9If Company B's petition is still valid and the job still exist (Meaning, Company B is willing to provide all necessary documents), then you can attend the visa interview. When the visa gets approved, you can travel to U.S using Company B petition and start working for them in U.S. Transfer to company A will have no impact. Technically you can now attend the visa interview with either Company A's petition or Company B's petition as both of them are valid. However, the company need to support you with other documents required for stamping.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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