H1b from employer 'A' could it be trasfered to new employer 'B' with out Visa stamping of employer 'A' ?

USA H1B Visa
1

Got H1b approved on 08-Jan-2016 from employer ‘A’ not got VISA stamping yet from ‘A’ and not travelled yet on this H1b.My questions are

1)Can I transfer this approved H1b-I797 petition from employer ‘A’ to other employer ‘B’ with out Visa stamping of employer ‘A’ ?

2)My H1b petition will expire on 07-Jan-2017 ,only 7 months left and Visa stamping also not done from Parent employer ‘A’ .Can my parent company ‘A’ go for its extension beyond 07-Jan-207 ?

2

  1. Yes. B can file for cap-exempt petition even when you don’t have A’s visa stamp or have not traveled to US

  2. Yes, A can file for extension even after the current petition expires

3

Hi Saurabh, thanks a lot for ans.
What is the timeline and procedure for getting extension of H1b petition beyond approval date of 07-Jan-2017.It is approved for one year initially.

4

Employer has to file H-1 petition just like he did initially. The only additional document they need to submit is copy of current approval notice to show that it is cap-exempt.

Processing can take 2-6 months (USCIS is pretty slow these days).

As you are outside US, it can be done anytime now, whenever employer is ready to do the paperwork.

5

Thanks Saurabh.Are you practicing attorney ? If so can we get your services needed ? please proved your email or contacts .

6

I am not an attorney and none of this is legal advice.