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  1. #1

    Default Can You Get Your H1B Stamped for Your Original Employer After a Transfer

    Hi Experts,
    I am working with company B. I applied H1B through Employer A (3rd party), and it is approved,but stamping not yet done due to no onshore role. so i Transffered H1b from A to B,but here in B also stamping not yet done. Now Company A got the onshore role, ready to send me for stamping( Company A doesn't know about the the Transfer). Shall i go ahead for stamping with Company A petition, is there any risk associated with rejection chances at US consulate ?.,as i did the transfer from A to B.

    Please help me on this ? as i need to take the decision with in this week.

    Regards
    VG

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Changing Employers Before Stamping of an Approved H1b Petition

    There is no "transfer" as you have never been in H1B status. B filed a cap exempt petition for you based on A's approval. There are subtle but important differences in the two situations.

    If A has not revoked (withdrawn) their petition, you can go for stamping with A's supporting documents. There are never any guarantees that you will receive a visa stamp, but your situation is not a guaranteed denial.

    The fact that the company filing for your H1B had no position for you indicates there are major problems in your relationship. H1Bs are filed for positions with a company needing workers, and a legitimate employer would have wanted you on site as soon as possible. Working for body shops is risky since their positions are temporary and unpredictable.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Changing Employers Before Stamping of an Approved H1b Petition

    It's not only "risky" it's illegal on the employer's part. H1B is not to be used for bodyshopping.

  4. #4

    Default Re: Changing Employers Before Stamping of an Approved H1b Petition

    Thanks for your reply,
    But i came to know from some one pointing it out that if need to go for stamping along with A petiton, i need to Transfer back again from B to A, as Petition A is void now . Please confirm on this.

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