How long the approved H1B I129 PETITION stays valid ?


ts7775

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Hi. 

 

My H1B  I129 PETITION was approved in 2014 lottery in this July. But my visa has not been stamped as the position for which my current company applied for, that has gone on hold. 

 

I'm planning to change the job and join another Indian IT company in which there is no US work.

 

My questions:

 

1) Let's say I stay in the new company for 2-3 years, will my current approved H1B petition still be valid ? Or if I apply for H1B transfer, will I have to again go through the entire process and will be subject to cap? How long does the approved petition stays valid?

 

2) If I join this another company, what document shall I carry so that in 1-2 years if I plan to again apply for a US job, another company can initiate the H1B transfer?

 

3) Anything else I should be cautious about before making a decision on the job change? I am very keen on going to US, but with the current company I dont see much scope, so am looking for a job change.

 

Thank you.

 

TS.

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  • 3 weeks later...

Thank you for your responses. This is helpful.

 

One more questions, based on what I read online on some forums: 

 

1) If I resign from my current company, will my current company inform USCIS that I have resigned and then my I797 will be cancelled? I read that most companies do it to safeguard them from some future liability. And for this cancellation, will the current company have to spend some money for cancellation, or just by informing the USCIS will be enough for them?

 

I just have the I797 copy with me but the stamping hasn't been done. 

 

I want to move on from the current company but at the same time, don't want to lose the H1B as well. 

 

Please advise. 

 

Thank you.

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