H1B Transfer

[manoj_ind]

Hi,

 

I am looking for an advice on below situation:

 

I currently work for Company A in India.

Employer B in US -> initiated my H1B and got picked up in lottery, the petition was filed. When i see online in USCIS https://egov.uscis.gov/ , it shows that my petition is approved.

 

However, Employer A in India is interested in transferring my approved H1B and also offering me good salary. I would like to know:

 

- Is it possible to initiate H1B transfer from Company B to Company A as my petition is now approved? Please note, i do no t have any pay slips as i never entered US so far. 

 

- If transfer is possible, then is Approval letter mandatory for transfer? my employer B is asking me to sign offer letter and only then approval letter will be issued to me so that I can do visa stamping from India. Since I am interested in continuing with Employer A, I do not want to sign offer letter with Employer B to avoid any legal obligation. In that case, can I get my H1B transferred to Employer A? How?

 

- Also, is there any legal obligation in case I do not join Employer B as he initiated my H1B?

 

 

Note : - I have receipt petition letter from Employer B which is pre-stage of approval letter .

[NP2020]

you can defer joining employer B but to transfer to employer A, you would need I797 approval copy.

[manoj_ind]

you can defer joining employer B but to transfer to employer A, you would need I797 approval copy.

 

Is there any way to get approval copy of H1B from EmployerB ?

[adshah84]

You can not to transfer without working with original petitioner. You have to start working for company B before you do H1b transfer. 

For H1b transfer you don't need approval notice. With just petition number you can do transfer. 

[pontevecchio]

I have another take as I suspect the new rules are complicated. Let A file a H1 petition for you with PP and if approved, let us know and go get your visa. If not join B.