H1B Approved, not stamped, Transfer options?


peekay23

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Posted

All,

I had applied for H1B during 2009 with Company A. When i went for the stamping at the Chennai consulate , the officer had some questions about the employer and sent my papers to USCIS for further scrutiny which later after a year of waiting changed as "Post-Decision Activity" with the additional message that the USCIS has approved the case. During this time my company A had gone bankrupt and is not responding to my emails.

Recently Company B is interested to take me in for the US positions but unfortunately they dont want to spend on the Visa etc.,

I would like to know since my petition is actually approved with Company A, and me still in India,

- Are there any options of using this petition with Company B through some simple process?

- Are there any benefits either to me or to Company B in doing so rather than applying a new one ?

- What is the process and timelines of Company B willing to take me in through this approach ?

Since the next H1B cycle around the corner, I would like to know the options in hand. Please let me know urgently. Thanks.

PK

Posted

Company B will need to file its own H1B petition on your behalf. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case, the H1B filing process, the timeline for filing, and to determine whether you will be subject to the numerical H1B limitation.

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