ODC Posted January 27, 2014 Report Share Posted January 27, 2014 Hi, We've a case with us, the guy we're looking for is having H1B petition which is approved but not stamped. He is still in India. We're situated in USA, Is it possible for us to hire him and get his VISA transferred to us? Would appreciate if you provide suggestion/solutions. ~ODC Link to comment
jairichi Posted January 27, 2014 Report Share Posted January 27, 2014 Hi, We've a case with us, the guy we're looking for is having H1B petition which is approved but not stamped. He is still in India. We're situated in USA, Is it possible for us to hire him and get his VISA transferred to us? Would appreciate if you provide suggestion/solutions. ~ODC Yes, new employer has to file a cap exempt H1B petition. On approval with a valid H1B visa and I797 approval notice he can travel to US and join employer. Link to comment
rahul412 Posted January 27, 2014 Report Share Posted January 27, 2014 Hi, We've a case with us, the guy we're looking for is having H1B petition which is approved but not stamped. He is still in India. We're situated in USA, Is it possible for us to hire him and get his VISA transferred to us? Would appreciate if you provide suggestion/solutions. ~ODC You can hire him, but you need to file a new H1 petition and with that approval he needs to attend visa interview to get H1 VISA. BTW, you cannot transfer VISA. Link to comment
pontevecchio Posted January 27, 2014 Report Share Posted January 27, 2014 Surely a company can afford legal opinion and hire a law firm. Link to comment
ODC Posted January 30, 2014 Author Report Share Posted January 30, 2014 Everyone, thanks for your replies. Best option would be to use the same petition number while applying for new VISA application. Link to comment
indianassault Posted February 12, 2014 Report Share Posted February 12, 2014 Everyone, thanks for your replies. Best option would be to use the same petition number while applying for new VISA application. ODC, can you elaborate on this?? I am in a similar situation. I got an offer from ABC company and got the petition approved , but company ABC itself might close down, so no stamping yet . DEF is giving an offer in India and they want to process H1. I know the DEF company can file a cap exempt petition for me, but do they need the documentation from ABC? such as approved petition , LCA etc to proceed? Link to comment
jairichi Posted February 12, 2014 Report Share Posted February 12, 2014 ODC, can you elaborate on this?? I am in a similar situation. I got an offer from ABC company and got the petition approved , but company ABC itself might close down, so no stamping yet . DEF is giving an offer in India and they want to process H1. I know the DEF company can file a cap exempt petition for me, but do they need the documentation from ABC? such as approved petition , LCA etc to proceed? DEF would just need a copy of your employer ABC's I797. Link to comment
indianassault Posted February 14, 2014 Report Share Posted February 14, 2014 Thank you JaiRichi for the response. I got it from the employer. What ideally would be the next step? Will they file another petition or can send me for stamping with this I797 itself ? Or they would do a amendment or something? I am worried about the timelines for the next step, since this approval etc took almost a year . Link to comment
jairichi Posted February 14, 2014 Report Share Posted February 14, 2014 Thank you JaiRichi for the response. I got it from the employer. What ideally would be the next step? Will they file another petition or can send me for stamping with this I797 itself ? Or they would do a amendment or something? I am worried about the timelines for the next step, since this approval etc took almost a year . Employer DEF has to file a cap exempt H1B petition. It is considered a new petition but the only difference is you need not go through quota and you can start working immediately for DEF in US after approval. If DEF files H1B petition in premium processing you would get a decision within 15 calendar days. Link to comment
indianassault Posted February 14, 2014 Report Share Posted February 14, 2014 Thanks again for the response. Link to comment
jibin_08 Posted February 14, 2015 Report Share Posted February 14, 2015 When I was looking for answers, I landed on this page which best suits my situation. I have my Petition approved (but not stamped) with my current employer in India. Then, there is this other employer who has a wonderful job offer for me and they would like to initiate transfer for the approved petition. I learnt from the above replies that a copy of the approved petition is all that I need from the current employer. My question here is, how likely is that my current employer can cancel my approved petition before my new employer can initiate petition transfer and I end up finding myself in the middle of nowhere? Responses/suggestions/solutions are most welcome. Thank you. Link to comment
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