Is it mandatory to first work for the H1B petitioner before H1B transfer?

[DoTheRightThing]

Hi,


Company A processed my H1B and I got my H1B Stamped in 2013. But I have not traveled to US using H1B visa. Now Company B who is in US is willing to hire and transfer my H1B.

1. Is it necessary that I should first work for Company A for 3 months only after which H1B transfer can be made from Company A to Company B?
In other words, is it mandatory that when I enter into US I should first work for the H1B petitioner (company A) for at least 3 months and only then be able to transfer my H1B to Company B?
 
2. Is it legal for Company B to file for H1B Portability / transfer while I am in India and then provide me with the new I797 petition from Company B for my travel to

US for the first time on H1B visa, or is there any new restrictions regarding this?

Please clarify, it is urgent.
 

[Ireddy88]

Hi ,

I am also in near by similar case, I got my H1B stamped recently from employer A but did not travel for my current employer till now and I got new offer from employer B and they are going to file cap exempt petition on my case and as per them I no need to go for stamping again as I have valid stamping on my passport which has stamped recently. In this scenario can anyone ans my below questions pls.

1. If I travel with my old visa and new I 797 petition it would be fine at POE considering I never traveled to US before?

2. If I proceed to go with old visa and I797 what are the extra documents I should carry to show officer at POE?

Pls suggest. I was hearing mixed responses on traveling with old visa and new petition approval so want to get clear picture hence posting here.

[Ireddy88]

Hi ,

I am also in near by similar case, I got my H1B stamped recently from employer A but did not travel for my current employer till now and I got new offer from employer B and they are going to file cap exempt petition on my case and as per them I no need to go for stamping again as I have valid stamping on my passport which has stamped recently. In this scenario can anyone ans my below questions pls.

1. If I travel with my old visa and new I 797 petition it would be fine at POE considering I never traveled to US before?

2. If I proceed to go with old visa and I797 what are the extra documents I should carry to show officer at POE?

Pls suggest. I was hearing mixed responses on traveling with old visa and new petition approval so want to get clear picture hence posting here.

[Ireddy88]

Hi ,

I am also in near by similar case, I got my H1B stamped recently from employer A but did not travel for my current employer till now and I got new offer from employer B and they are going to file cap exempt petition on my case and as per them I no need to go for stamping again as I have valid stamping on my passport which has stamped recently. In this scenario can anyone ans my below questions pls.

1. If I travel with my old visa and new I 797 petition it would be fine at POE considering I never traveled to US before?

2. If I proceed to go with old visa and I797 what are the extra documents I should carry to show officer at POE?

Pls suggest. I was hearing mixed responses on traveling with old visa and new petition approval so want to get clear picture hence posting here.

[rahul412]

You can travel with your current H1 visa, but for H1 transfer you have to work for your initial H1 sponsor.

[JoeF]

Please to post multiple times.

See http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/