Regarding H1B


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I actually left the employer with whom I had an H1B and my petition was withdrawn. I am outside US now.


Later, I wanted to go back and found an another employer who can file a transfer of this visa(cap-exempt) and went ahead with them. However, my visa got rejected at stamping page due to employer fraud issue and petition is with USCIS now.


Now, I got another job and the new employer is ready to file a cap-exempt. Do I need to mention the new employer about the company through which I had my visa stamping rejected? Would it be required? Will the rejected visa stamping affect me in anyway?


Please suggest.






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Hi Kavya,


I am looking for some advice on H1B transfer, please share your inputs for below situation:


I currently work for Company A in India.
Employer B in US -> initiated my H1B and got picked up in lottery, the petition was filed. When i see online in USCIS , it shows that my petition is approved.
However, Employer A in India is interested in transferring my approved H1B and also offering me good salary. I would like to know:
- Is it possible to initiate H1B transfer from Company B to Company A as my petition is now approved? Please note, i do no t have any pay slips as i never entered US so far. 
- If transfer is possible, then is Approval letter mandatory for transfer? my employer B is asking me to sign offer letter and only then approval letter will be issued to me so that I can do visa stamping from India. Since I am interested in continuing with Employer A, I do not want to sign offer letter with Employer B to avoid any legal obligation. In that case, can I get my H1B transferred to Employer A? How?
- Also, is there any legal obligation in case I do not join Employer B as he initiated my H1B?
Note : - I have receipt petition letter from Employer B which is pre-stage of approval letter .
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