H1B Transfer query

[suresh.insk]

Hi,

Currently i have a valid H1B visa from Company "A" in India. Due to some situations i couldn't fly to U.S still i am working in India. Now i got an offer from Company "B", Company "B" are willing to send me U.S. i am planning to move from Company A to B.

Before moving from Company A to B, I Spoken to company "A" HR regarding my H1B transfer. She(HR) said our company will not accept the H1B transfers, if you leave this company your H1B will not transferable this is our company policy and if you want to go U.S you need to apply new H1B again from your Company "B" is that True?

Also Company "B" is ready to initiate for H1B transfer, is there any approvals required from Company "A"? Did Company "A" knows that Company "B" raised a request for H1B transfer of my old Petition.

Would really appreciate any help in this direction.

Thanks in advance!

[pontevecchio]

B has to file and get a H1 petition approved for you. A has no standing in the matter.

[suresh.insk]

Thanks for your quick response. i have one more doubt If i will join in company B they will apply for new h1b. but do i need to wait for H1B Cap / one year. If not how much time it will take for new H1B approval applied by Company B.

[nineballs]

Since you have a valid h1 petition from 'A', the new company 'B' can file a new petition under cap-exempt. If you have been counted in the cap once, any employer can file a h1 petition under cap-exempt for the next 6 years.

[suresh.insk]

In my case the company 'B' will ready to file a new petition. But i am in India, i didnt fly U.S since from Company 'A' Stamping done. Here my question is do i need to go for stamping again for Company 'B'?

[pontevecchio]

You do not have to.