H1B Cleared 2015 Lottery - I129 Petition Approved - Need to transfer the Visa

[Sreerag Nampoothiri.k]

Hi,

I have cleared 2015 lottery for H1B and got the received your I-129 receipt notice. I checked in the USCIS website the receipt number and it says "On July 6, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY X". Well, I am getting offer from some other company. My doubt is will that be possible to transfer the visa from Company A to Company B. I only have the scanned copy of I-129 notice and the receipt number. Will that suffice?

Also, I have to pay the bond amount with my current employer as he has paid the money. Well, if I got to Company B do they have to pay my H1B fee again or just have to change the employer name. Please reply.

[raghvi]

Hi,

I have cleared 2015 lottery for H1B and got the received your I-129 receipt notice. I checked in the USCIS website the receipt number and it says "On July 6, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY X". Well, I am getting offer from some other company. My doubt is will that be possible to transfer the visa from Company A to Company B. I only have the scanned copy of I-129 notice and the receipt number. Will that suffice?

Also, I have to pay the bond amount with my current employer as he has paid the money. Well, if I got to Company B do they have to pay my H1B fee again or just have to change the employer name. Please reply.

Few things, its illegal to ask for money for filing H1 and it is illegal to pay for H1 filing. Also, its become more difficult nowadays to request for a cap exemption using an approved h1 petition when the H1 employment with original petitioner never began. Further, you don't have approved petition also in your hands.

This is my opinion not legal advice.

[Sreerag Nampoothiri.k]

Few things, its illegal to ask for money for filing H1 and it is illegal to pay for H1 filing. Also, its become more difficult nowadays to request for a cap exemption using an approved h1 petition when the H1 employment with original petitioner never began. Further, you don't have approved petition also in your hands.

This is my opinion not legal advice.

Hi Raghvi,

I didn't paid anything for my H1 filing. It was just the company procedure.

So what do you suggest. I should stay with my current employer and wait for my onsite opportunity? I have a better offer with another company and they will send me US asap. May be they will do premium processing and will send me onsite. Project with my current employer got cancelled and I don't think they will send me anytime soon. Thts why I decided to move out. Kindly reply how can I move out with my H1.

Thanks.

[calvin_78]

H1 approved petition of 2014, never used. Have receipt number. Can it be transferred?

Hello,
I have an H1 approved petition of 2014 which is valid till September 30 2015.
I did not get the visa stamped for various reasons.

I wanted to know if I move to a different employer in the next few months, will the new employer be able to apply for my H1 in the H1 exempt category?

Thank you.

[calvin_78]

Approved H1B petition; never used; transfer query

Hi,
I have a 2014 H1B approved petition that is expiring 30th September 2015.
I did not get a H1B visa stamped though.

If I change jobs, will my new employer be able to file an H1B under the H1B exempt category since I have an approved H1B petition?

Thank you

[shervin143]

Yes.

Hi,
I have a 2014 H1B approved petition that is expiring 30th September 2015.
I did not get a H1B visa stamped though.

If I change jobs, will my new employer be able to file an H1B under the H1B exempt category since I have an approved H1B petition?

Thank you

[calvin_78]

Yes.

Thank you shervin143.

Couple of follow-on questions for the forum:
1. Do I have to work for one year outside the US for the new employer, before the new employer can file for H1B for me in the H1 exempt category
2. I do not have the I-797, but I do have the receipt number. Will the employer be able to use only the receipt number or do I need to obtain the I-797 or any other documents from my present employer? Not sure if the present employer can with hold I-797 if I move out of the current organization.

Thanks.

[shervin143]

1. Do I have to work for one year outside the US for the new employer, before the new employer can file for H1B for me in the H1 exempt category
>>> There is no such requirement.

2. I do not have the I-797, but I do have the receipt number. Will the employer be able to use only the receipt number or do I need to obtain the I-797 or any other documents from my present employer? Not sure if the present employer can with hold I-797 if I move out of the current organization.
>>> You will need a copy of the H1B approval notice to transfer it to a new employer. Even if the petition is revoked bythe current employer, you can still file transfer as long as you have a copy of the approval notice.

[calvin_78]

Thank you again shervin143.

1. Do I have to work for one year outside the US for the new employer, before the new employer can file for H1B for me in the H1 exempt category
>>> There is no such requirement.

2. I do not have the I-797, but I do have the receipt number. Will the employer be able to use only the receipt number or do I need to obtain the I-797 or any other documents from my present employer? Not sure if the present employer can with hold I-797 if I move out of the current organization.
>>> You will need a copy of the H1B approval notice to transfer it to a new employer. Even if the petition is revoked bythe current employer, you can still file transfer as long as you have a copy of the approval notice.