H1 transfer - never used and no stamping done yet


umesuma

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I have approved H1B petition from Employer from last year 2016. My client is ready to provide me fulltime and ae ready for H1 transfer. My H1 B petition is approved but never stamped and used it. I am still in India. My Employer A is ok for me to go ahead with client offer. I just read that there are risks in refusing the H1 transfer by Employer B as it is never used.

Can someone please advise on this urgently? I am interested in the position.

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On 8/24/2017 at 4:42 AM, umesuma said:

I have approved H1B petition from Employer from last year 2016. My client is ready to provide me fulltime and ae ready for H1 transfer. My H1 B petition is approved but never stamped and used it. I am still in India. My Employer A is ok for me to go ahead with client offer. I just read that there are risks in refusing the H1 transfer by Employer B as it is never used.

Can someone please advise on this urgently? I am interested in the position.

You have to go for visa stamping to be employed with original petitioner i.e, employer A.  Once you land in the USA and start working for Employer A, then your client can file H1B petition for transfer.   So, get a letter from your employer A stating that position is still available for you and I-797 approval notice for the same position for visa stamping.

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Thanks all. I see different responses from different people. So still unsure on the risk.  Also if I go by employer A as contract and if my i797 is expiring next month, is it possible for me to still go for visa stamping from employer A? Your response at the earliest is much appreciated.

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3 hours ago, umesuma said:

Thanks for the information.

 

6 hours ago, umesuma said:

Thanks all. I see different responses from different people. So still unsure on the risk.  Also if I go by employer A as contract and if my i797 is expiring next month, is it possible for me to still go for visa stamping from employer A? Your response at the earliest is much appreciated.

if you have only one month left on I-797 approval notice, then you need a strong letter from Employer A stating that the work will continue beyond the date shown on I-797 to go for visa stamping.  There are still risks, you might get a 221g, however, if everything is genuine you will get the visa.  it's worth to give it a try.  You would not know if you win a lottery until you buy one.

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11 hours ago, satya2k1 said:

 

if you have only one month left on I-797 approval notice, then you need a strong letter from Employer A stating that the work will continue beyond the date shown on I-797 to go for visa stamping.  There are still risks, you might get a 221g, however, if everything is genuine you will get the visa.  it's worth to give it a try.  You would not know if you win a lottery until you buy one.

Thanks Satya for the info

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