Regarding H1B

[kavyab]

Hi,

 

I actually left the employer with whom I had an H1B and my petition was withdrawn.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

 

Thanks,

Kavya

 

 

[NP2020]

It is always advisable to be true and honest to your employer who is filing/transferring H1. New employer (in fact attorney of new employer) needs to know your case completely so that your petition documentation will be strong and accurate. 

[manoj_ind]

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 https://egov.uscis.gov/ , 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 .

[JoeF]

It is not possible to transfer an H1 unless you have started working on the H1 for the original employer.