H1B transfer without visiting US


AbhinavB

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Hi,

I have H1B approved by some consultant for whom I have never worked for but have offer. Now, the organization for which I work wants to file my H1B. I have I-797 from the consultant but stamping is never done.

I have following questions:

1. Is it possible that my current organization file new H1B visa? Will it be CAP exempt since I already had my name in lottery?

2. What if the consultant revoke his petition? Will my current organization still be able to file new H1B visa (CAP exempt)?

3. Is there a possibility that I get black listed in this case?

4. Will I be facing questions like "why did not you go through the employer who filed your H1B" at the immigration?

 

I am really confused on what should be done. Please help me out in these queries.

 

Thanks in advance.

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1&2. I don't think you will be CAP Exempt since you have not worked for the employer through whom your H1B is approved. You are supposed to work for the employer,in the US, who sponsored your H1B.

3. If you have provided fraudulent information for the purpose of obtaining a H1B approval, then you will be. If not, nothing to worry about.

4. No.

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I disagree with permaudit.

You can transfer your H1B without even without working for your employer. I had done in 2016 and couple of my friends too did it in the same year. The LCA should have "New employment" and not "Change in employer"

1. Is it possible that my current organization file new H1B visa? Will it be CAP exempt since I already had my name in lottery? -- YES

2. What if the consultant revoke his petition? Will my current organization still be able to file new H1B visa (CAP exempt)? --YES

3. Is there a possibility that I get black listed in this case? -- NO

4. Will I be facing questions like "why did not you go through the employer who filed your H1B" at the immigration? -- NO . If asked, you can say that the employer did not have any positions for me.

The new employer has to worry about getting the H1B transferred, you should not be paying for it. Find a genuine company who will do that for you and their attorney will take care of it. 

 

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Thanks for the reply guys.

Is there any medium through which I can get the concrete answer of my question?

Actually, the thing is, at present I have both the options (going through consultant as well as my current organization) open for me. However, I personally am interested is going from my current organization as I will be a permanent employee and will be having all the facilities. On the other hand, if I go through consultant I will have to search for job there on consultant's payroll.

@GC_VISA: I am concerned if the rules have changed after Trump's administration.

@pontevecchio: What if I get H1 visa stamp from consultant but not work for it. Is it possible for my current employer to transfer then?

 

 

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