asthu2003 Posted February 6, 2013 Report Posted February 6, 2013 Company A had applied for my H1B last year and when I went for stamping, 221g was issued and then visa processing suspended. Now I work for Company B. Is it possible to transfer the approved H1B from Company A to B even when it's in suspended state? Or a new H1 has to be applied? Please advise. Thanks!
Attorney_11 Posted February 8, 2013 Report Posted February 8, 2013 Generally, a new H-1B petition should be filed by a new employer on behalf of a noncitizen employee, even when the noncitizen employee has previously held or been approved for H-1B classification with a different employer. For the effect of general legal principles on an individual's personal immigration matter, please schedule a consultation with a qualified immigration attorney.
binoca82 Posted February 8, 2013 Report Posted February 8, 2013 A new H1 petition need to be filed for the new employer. If your previous H1 petition was approved, you are cap exempt and you can request an immediate start date in the new petition (no need to wait for the Annual cap starting date - Oct 1)
asthu2003 Posted February 9, 2013 Author Report Posted February 9, 2013 Thanks so much for the advise, it really helps. Appreciate your responses!
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