Can I transfer H1 to new employer after 2 years and switch the company without transferring now?

Karthik_Rao · May 30, 2016, 12:27am

I am working in Company A. Company A filed my H1 in this year (2016) and is currently in lottery picked status (received I797, Notice of Action). I am not willing to travel to US for 2 years due to personal reasons. I am planning to switch from this company A, who sponsored H1, in 2 months as the company is not performing good. I will switch to Company B but not transfer H1 to this company B. Later, after 2 years I will find a new employer say Company C in US, get the Visa stamping done with Company C and then travel to US.

In this regard, following are my questions:

Is it legal to switch a company (willing to switch from Company A to Company B) without transferring H1. Will the H1 be still valid after 2 years? What all H1 related documents are required from this current company before I resign? When can I expect all these documents in the current process?Is it ok if I get my Visa stamping done with my new employer after 2 years?Will the current company A cancel my H1 or take any legal action? I am aware that they can cancel my H1 petition.After 2 years, will I fall under Cap exempt? Can Company C file new petition under cap exempt in my case?

Saurabh · May 30, 2016, 3:36am

Yes. C can still use this H-1 petition for cap-exempt purposes 2 years from now
Copy of approval notice i.e. 797A or 797B. If you leave A before petition is approved, and A withdraws it, then you are out of lottery and C would have to file cap-subject petition in future.
Yes, but it will be on the basis of C’s new petition
Yes, A can withdraw the petition but that won’t impact you as long as the petition was approved and you have its copy. As for legal actions you will have to see what contract you and A have.
Yes, cap-exempt

Karthik_Rao · May 30, 2016, 10:30am

Thanks Saurabh for the quick reply. Please help me answer one more question in this regard.

I already have I797C, Notice of Action with me. Do we need to have hard/soft Copy of approval notice i.e. 797A or 797B with me to apply for new petition after 2 years? Or is it just sufficient if I know that my H1 is approved through USCIS website? as I am not sure if the current company will share me I797 approval if I resign.