Can I ask my current employer (A) to transfer my H1b which is filed by some other employer (B). I am currently in India.

My H1B was filed by a small company and then that small company was acquired by company B. My petiton is approved. I do not have H1b stamping and never travelled to US on this H1b.

I am currently working in company A in India ( current employer) . Now, Company B is not ready to letting me go for stamping and is not taking my phone calls anymore. It is ignoring me.

Question1 : Can now ask my current employer i.e. A to be my new sponsorer ? Is this legally correct? What are the complications in doing this ?

Question 2 : Will my current employer (A) question me back saying why did you file h1b thru some other company when you are currently working in india with me. Will it be a threat to my current job ?

Question 3: Do I have to go again through lottery + visa approval + stamping OR just visa approval + stamping ?

Please help me

  1. Yes, A can file cap-exempt petition for you.

  2. They may. This is something you will have to check w/ your employer

  3. A can file cap-exempt petition which doesn’t go through lottery. You will have to go for stamping if the previous visa stamp has expired.