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Changing Employers Before Stamping of an Approved H1b Petition

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  • 04-27-2015, 10:19 AM
    msgowda
    Changing Employers Before Stamping of an Approved H1b Petition
    Hi Friends,

    I have query with respect to Changing Employer Before Stamping of an Approved H1B Petition!!

    My case is as below:

    My petition got picked & Approved on 1st May 2014, this petition was filed by AAA employer. for the same AAA employer fetched me necessary documents to H1B visa interview. I attended interview in September 2014, unfortunately consulate gave me 221G slip and they put my case in Administrative processing, till today they have not cleared my case.

    Now, new employer BBB is ready to process my Approved Petition (Petition transfer).


    My question is, Without withdrawing present Administrative Processing case can I go forward with BBB employer to file Petition with USCIS (premium process)?? Does it reflect my Present AP case??

    please suggest me on this

    Regards
    MSG
  • 04-28-2015, 01:54 PM
    Mr. Knowitall
    Re: Changing Employers Before Stamping of an Approved H1b Petition
    The concept of the H1B transfer is something of a misnomer, as your new prospective employer will be filing an entirely new H1B petition. As long as the reasons for the 221(g) delay relate to the first employer, and not to you, they won't have any impact on the second employer's petition.
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