I’m Working for Company A in India from past 3 years. I have got an offer from Company B and it filed my H1B petition. My H1B visa is approved and I got it stamped recently. I have all the original documents with me itself. I797 , Visa and Offer letters from Company B and it’s Client. The Project is getting delayed with Company B and So, I want to work with Company A in US. Can Company A file H1B transfer before I travel to US? If so, how long would it take?
Yes, A can file cap-exempt petition for you. Once approved, you can travel to US to work for A. You don’t need to get another visa stamp, but A may want to have a visa stamp in their name.
Thanks Saurabh, Do you how long would it take to approve the H1B again? Should it be filed after I travel to US or while in India?
At the moment, it may take 4-6 months due to heavy load at USCIS processing centers.
Oka, that’s seems to be a long time… Or Is there an alternate way? If my Current employer A issues I797 to me… Can I travel to US with I797 from Employer A and the Visa(stamped with employer B)? Please let me know all possibilities. I appreciate your response. Thank you so much.
A’s 797 is the cap-exempt petition I mentioned above. Once it has been approved, you can travel to US using that approved petition and B’s stamp. If there is a delay in processing, the employer has the option to upgrade to premium processing where it will be processed within 15 calendar days.