X org lost

[robin116]

Hi,
Please respond to my my below query

If my H1 get stamped in India for some X org in US and i should join in that X org in coming Nov. but due to some circumstances i wont be able to join with X in Nov and i lost the offer of X with out entering into US. will my H1 be valid after losing the offer of X and can i try for another sponsorship in US with the same H1-B Visa.

[shervin143]

Yes. That H1B petition can be used to work only for that employer. What is important here is the CAP from that petition. Any other employer can file a new H1B petition using the same CAP (provide them a copy of the existing approval notice from employer X) and request an immediate start date. If the existing H1B visa from employer X is valid in your passport on the date of the travel, then you can use that (No need to go for a new H1B visa stamping just because you went for a transfer).

[robin116]

Yes. That H1B petition can be used to work only for that employer. What is important here is the CAP from that petition. Any other employer can file a new H1B petition using the same CAP (provide them a copy of the existing approval notice from employer X) and request an immediate start date. If the existing H1B visa from employer X is valid in your passport on the date of the travel, then you can use that (No need to go for a new H1B visa stamping just because you went for a transfer).

Thanks for the response, so you mean to say that the company X and the new one should complete the transfer process in USA and once the us govt approves it i can travel to usa with old visa. But shud one carry papers related to the trf process and its approval from govt as well.

[shervin143]

So you mean to say that the company X and the new one should complete the transfer process in USA and once the us govt approves it i can travel to usa with old visa.
>>> Company X has to do nothing. The new employer will take care of the transfer. Once approved, you can travel using the newly approved petition and the old valid H1B visa.

But shud one carry papers related to the trf process and its approval from govt as well.
>>> Yes. You need to carry the approval notice (Form I-797) of whichever employer you are planning o work in U.S.

[robin116]

So you mean to say that the company X and the new one should complete the transfer process in USA and once the us govt approves it i can travel to usa with old visa.
>>> Company X has to do nothing. The new employer will take care of the transfer. Once approved, you can travel using the newly approved petition and the old valid H1B visa.

But shud one carry papers related to the trf process and its approval from govt as well.
>>> Yes. You need to carry the approval notice (Form I-797) of whichever employer you are planning o work in U.S.

well well, thank you so much. tht answers all my doubts