Is H1 Transfer Possible Before Stamping Without Any Document

[vicky22]

Hi All,

My H1B was filed by my current employer and it got approved in Feb 2012. My employer doesn't have any project assignment to send me to US in near future. Meanwhile, one of the biggest consultancy firm A require an H1 approved candidate.

I told A that I don't have any visa related document. I have my receipt number only. They agreed initially but now asking for acknowledgement notice or approval notice.

My question is that if I join A, would they be able to transfer my visa based on my H1 receipt number only?

Thanks,
Vicky

[shervin143]

Receipt number is enough to transfer the H1B. However, how sure are you that receipt number given to you actually belongs to you? If the number is wrong or if it belongs to someone else, then the employer who initiatesthe transfer will loose the filing fee. That is why most employers ask for a copy of the approval notice to initiate the transfer to be on the safer side.

[vicky22]

Receipt number is enough to transfer the H1B. However, how sure are you that receipt number given to you actually belongs to you? If the number is wrong or if it belongs to someone else, then the employer who initiatesthe transfer will loose the filing fee. That is why most employers ask for a copy of the approval notice to initiate the transfer to be on the safer side.

Thanks a lot for reply.

I am 100% sure that this is my receipt number. I trust my company. They have done many H1 and I never heard of any problem from anyone.

One more question comes in to my mind. If new employer files for my visa transfer and there is a query on it then how would they be able to reply on that as they don't have previous filing? Will there be any problem at that time?

[shervin143]

There will be a query only if the receipt number that you provided doesn't actually belongs to you. USCIS will match the receipt number with the previous approval of yours and if matches, there will be queries.

Thanks a lot for reply.

I am 100% sure that this is my receipt number. I trust my company. They have done many H1 and I never heard of any problem from anyone.

One more question comes in to my mind. If new employer files for my visa transfer and there is a query on it then how would they be able to reply on that as they don't have previous filing? Will there be any problem at that time?

[kabkaba]

It is up to your new employer if they want to do it based on receipt number only. As above, that is technically sufficient, but some employers and their lawyers insist on seeing the receipt notice or the approval notice. That will then depend on your ability to convince them.

[vicky22]

Thanks shervin143 and kabkaba.

As I am sure that receipt number is mine, I don't see any chance of query because of that.

I will try to convince them to file for my H1 transfer with receipt number only. In the end, it is more about their company policy.