H1 petition approved but not stamped. Stamping through new employer.

USA H1B Visa
1

Hi,

I'm in India. My petition(non-masters, new H1B) is approved through my current employer(A). But my employer is not initiating the stamping process. I have the soft copy of the approval notice(I797-B) and is valid till Jan 2014.

1. If I change the employer, can I go for stamping through the new employer(B) ?

2. If yes, what is the process for this? What are the details that I should provide to (B) like petition number etc.?

3. What if (A) revokes the petition before my stamping happens through (B)?

4. What are the chances of successful stamping in this case? Is this a problem - changing employer before the stamping itself.

Pls help we with these. Thanks in advance.
2

  1. Yes you can, but employer B first needs to get the H1B petition approved(aka H1 transfer) for their company.

  2. yes all the documents that you provided for H1b thru employer A needs to be provided to B along with the I797 from employer A

  3. It does not matter if A revokes the petition, employer B can still get the visa approved with their name on it. You will not be counted against the cap since you have already been counted once.

  4. The chances are same as in any other case. If all the documents are acurate and in line with the USCIS guidelines then you should not worry much.

3

Thanks Ankit.
Reg I797 - is the scanned copy enough or the original is required?

4

scanned copy should be enough.

5

Ankit, Thanks again.