H1B transfer between companies

[ritz123]

I am working with company A but I had got my H1B filled and stamped through company B this year. Now my company A wants to buy the visa. How does the entire process happen?
I have never worked for company B till today.

[raghvi]

I am working with company A but I had got my H1B filled and stamped through company B this year. Now my company A wants to buy the visa. How does the entire process happen?
I have never worked for company B till today.

Visas are not commodities that can be bought or sold.

What A needs to do is file their own H1 petition using I129(and associated paperwork like LCA etc), as you already have an approved H1 petition from B, A can use that as proof and claim that their own petition si cap exempt as you have already been cap counted. Once USCIS approves A's petition they will issue a new I797 with A's name on it. USing this new I797 you can attend the H1 interview again and this time get A's name on the visa.

This is my opinion not legal advice.

[shravan_19]

H1B transfer and withdrwan queries

Hi All,

i have below queries w.r.t H1B petition withdrawal and H1B Transfer

H1B petition withdrawal :
1. At what stages does an employer has the control to withdraw a H1B approved petition (candidate has not gone for stamping yet)
2. why/when would an employer initiate a H1B petition withdraw process

H1B Transfer:
1. Suppose a candidate has his I-797 original copy with him filed through company X,he is yet to schedule interview,stamping process etc
and say if his current emloyer Y is ready to do H1B transfer,is it possible
note: candidate has signed offer letter, with employer X earlier for filing ,will this cause any legal issue ?

Thanks,
Shravan