H1-B Transfer (Approved I-140 but no approved I-797)

[CHANDU S]

While working for company A, I reached out to company B for filing my Perm & I-140. I-140 approved in MAY-2019. My 6 year H1 term completed in JUL-2019 and I switched to Company B payroll while still on receipt number (regular processing). Company B filed my H1 transfer in JUL-2019 and it's been 5 months bu there is no decision / RFE yet. My customer company C wants to hire me. Can Company C file my H1 transfer while H1 transfer with Company B is still pending? Can I change employer without completing 180 days with Company B which filed my I-140?

[User099]

Wait for the 180 days to be complete so that Company C can use it to apply for H1 Transfer.  Company C can apply for transfer while Company B's petition is pending, but it will be tied to Company B's approval. If Company B's petition is denied then Company C's petition will be denied too.

If you think Company B's petition might get denied, have Company C file under Consular processing.

[CHANDU S]

If in the case where Company C's petition is approved under Consular Processing
1) Can I join the Company C as soon as the petition is approved?
2) If No, is it mandatory to travel to India for Visa stamping or can I get my Visa stamping done in Canada / Mexico? In the 6 years of my H1, I have had 2 Visa stamping s done in Hyderabad and my last visa stamping was in Nov-2016 with visa validity up to May-2019.

[User099]

1. No, You will have to go for stamping and come back to join them.

2. You can go to Canada or Mexico for stamping. You just need to understand the risks of going to a 3rd country for stamping, you will have to stay for an extended period of time if you get a 221G.

[User099]

1. No, You will have to go for stamping and come back to join them.

2. You can go to Canada or Mexico for stamping. You just need to understand the risks of going to a 3rd country for stamping, you will have to stay for an extended period of time if you get a 221G.