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  1. #1
    Join Date
    Jun 2015
    Posts
    1

    Post Transfering an Approved H1B Visa to a New Employer Prior to Stamping

    Hi

    I am currently working in AAA company in India and it sponsors me for H1B visa last year and the same has been approved in the lottery. And the validity is till Jun'2017. I got only mail intimation about the approval from my current employer.

    Visa stamping not yet scheduled and chances are less due to project constraints. I would like to switch my job to company BBB.

    My queries:

    1) Will BBB company be able to utilize my approved petition and send me to US for work? In this case what kind of documents will they expect from me?
    2) As AAA has not shared any document on the petition approval with me (Do not think i will get any such documents from AAA), how i can process my stamping and other related documents with BBB company.
    3) Is there any procedure where AAA is allowed to cancel my approved petition if i move out of the company.

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Transfering an Approved H1B Visa to a New Employer Prior to Stamping

    Your new prospective employer will independently apply for a H1B visa. If you have already been counted against the cap, then they can take advantage of that fact in relation to your start date. You can ask your prospective employer what documentation they require from you.

    If you have no documentation to show that you have a U.S. position with your current employer under your H1B visa, then you're not going to be successful in having your visa stamped. Your current employer can withdraw its H1B petition if it finds out that you're looking for other jobs or if you resign.

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