H1-B transfer


aagga5

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Hi,

I have a valid H1-B visa (approved petition and stamping) with Employer-A. I have never travelled on this visa. Now, I want to work with Employer-B who has agreed to transfer the petition. What scenario would be most favorable in this case:

 

Option-1: I travel to US on curent visa, and ask Employer-B to file a cap-exempt petition, as soon as I am in US. Once the petition gets approved, I join employer-B. Do you see any risk in this case? Will I go out-of-status since i will not be employed by Employer-A for the first few days.

 

Option-2: I ask Employer-B to transfer the petition before I travel to US. Wait for the new petition to get approved and then travel. In this case, will I have to go for stamping again before I can travel OR Can I travel based on the current stamping and the new petition ?

 

Any other option apart from these two?

 

Please help. Need to make a decision asap. Thanks.

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Hi,

I have a valid H1-B visa (approved petition and stamping) with Employer-A. I have never travelled on this visa. Now, I want to work with Employer-B who has agreed to transfer the petition. What scenario would be most favorable in this case:

 

Option-1: I travel to US on curent visa, and ask Employer-B to file a cap-exempt petition, as soon as I am in US. Once the petition gets approved, I join employer-B. Do you see any risk in this case? Will I go out-of-status since i will not be employed by Employer-A for the first few days.

 

Option-2: I ask Employer-B to transfer the petition before I travel to US. Wait for the new petition to get approved and then travel. In this case, will I have to go for stamping again before I can travel OR Can I travel based on the current stamping and the new petition ?

 

Any other option apart from these two?

 

Please help. Need to make a decision asap. Thanks.

Option 1: If you use this option be ready to face deportation and life ban to enter US.

Option 2: Ideal option. I would suggest you to go for stamping.

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Thanks jairichi,

For option 2 - Is stamping a must ? Is there any risk of rejection in stamping, since I did not use my original petition, at all?

Stamping is not a must. Since you never traveled with old employer's H1B visa some employer's ask for new visa stamping. There is no chance of rejection based on not traveling or using H1B petition with old employer

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