H1 transfer without a previous approved petition


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Hello ,

1. I am currently employed with Company A and my petition is valid till Dec 2014.

2. I accepted an offer from Company B and they filed for my H1 transfer (Premium) on May 5th 2012. This transfer got approved on May 11th 2012. However, Company B has not yet given me the I797.

3. Meanwhile, I have got another offer from Company C. Company C also applied for my H1 transfer on June 4th 2012 (Premium), using Company A’s I797. But Company B’s I797 was not submitted.

Do you think, the H1 transfer applied by Company C will be approved without the I797 document from Company B ?

To re-iterate, I have NOT joined Company B. I am still employed with Company A.

Thanks in advance !

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Cancun

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"Do you think, the H1 transfer applied by Company C will be approved without the I797 document from Company B ?"

=> First of all each H1b is separate from others. In your case, if you are able to show the relationship with employer A (paystub etc) while filing H1b with C, employer C won't have any problem with H1b. Employer B and their H1b doesn’t matter.

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