Can I transfer my H1B Petition/Visa without going to US??


I am from India and I have received my Form I-797C - Receipt of Notice form my current Employer, Company A (MNC based in Mumbai). Now I have received a very good offer from Another Company B (MNC, based in Mumbai). So I have following questions.

  1. Should I wait for my Visa Stamping and wait for onsite opportunities with Company A? I did internal enquiry and found that there are no onsite opportunities for going to US.

  2. Can I transfer my petition at current stage - I797C (Receipt Notice) to Company B from India without going to US. Company B is also based in India.

  3. Suppose I stay with Company A for the Visa process to complete and I have my H1B visa. Now, can I switch jobs and transfer my H1B without even going to US?

  4. Is there a way my current employer can cancel my visa if they get a hint of my job change?

Thanks in Advance but replying to these question could frame turning point in my life.

  1. You cannot transfer until A’s petition gets approved. If you leave them now, they may withdraw the pending petition and you will have to go through the cap again.

  2. Yes, you can. As long as you have received petition approval you can go for this. Doesn’t matter whether you get visa stamped through A or not.

  3. They can always withdraw the petition. However, if they withdraw an approved petition, you may still be able to get cap-exempt petition (aka H-1 transfer).

Thanks a lot Saurabh… appreciate your quick revert.