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Hi, I'm holding H1B petition(I've I-797 valid till Mar-2016). It was transferred from company A to company B when I am in India. It is not stamped. If I change to company C, can company C utilize my H1B petition? Can company transfer it and file LCA? Will I get any issue while stamping. Thanks in advance!
Each company must file a petition; it appears form your narrative that a new petition will be cap exempt. You do not "transfer" a petition between companies. "Transfer" in the case of H-1B individuals generally refers to the person physically present in the US and working for one company beginning to work at his new employer on the basis of the receipt notice of the new petition arriving for processing. Issues in stamping can either be due to your qualifications for the position or to the company. No one can predict the possibility of success. I, however, find your indecisiveness as to your employer very troubling; it is better to be sure that the employer is responsible and has the ability to place you on a project and pay you as promised before you travel to the US. You will be expected to comply with contracts you sign and can be held responsible for financial damages for failing to do so.
To obtain stamping you need company supplied documents. If you have properly resigned from a company when joining the next, the company should have notified USCIS and revoked its petition. Do not attempt to enter the US on the petition of one company when you plan to work for another.
You need to review the USCIS website so that you are aware of your rights and responsibilities as a guest worker in the US. People who do not, can find themselves with problems in future processing. Never sign a contract you do not intend to comply with. If you have a question or concern, consult a US attorney specializing in immigration law.
Got it. Thank you very much!!