H1B transfer with only Receipt number from India, never been to US

[gutsy007]

Hi ,

I have approved H1B which was filed by Employer A in April 2013 i have the below question about the transfer of H1B.

Can i transfer my H1B with another prospective employer B with only receipt number as my company is not sharing the approval notice or receipt notice.

Please note that i never traveled to US and this is fresh H1B without stamping and want to transfer from India.

[Attorney_11]

The USCIS generally only considers an H1B applicant counted against the numerical H1B cap if s/he is physically present in the U.S. when the change of status to H1B takes effect or s/he is issued an H1B visa from a U.S. consulate abroad. Absent one of the above the USCIS may deny a new H1B petition filed as cap exempt. However, we have seen situations where USCIS has approved the H1B petition as cap exempt after disclosing that no visa was issued.

[0407]

gutsy007, for a start file FOIA to get the proof of approval.

I know at least two people who were in similar boat as you are and who were able to transfer their H1B to a company in US

[FamilyGuy32]

You can transfer your H1 with just the receipt number from India. No issues at all.

Cheers