H1B Petition Transfer - without Stamping Possible

H1B Petition Transfer without Stamping

Hi Forum,


Below is my Scenario


I have filed My H1B Petition(2012 Quota) through Company A when I was in US with L1B Visa for Company X.

I got my L1B Extension filed by Company X Unapproved.


I am in India now & H1B Petition has been approved, Now Company A feels that getting my visa stamped is difficult as it cannot get appropriate client documents done


My Question is Can a new company B have the current H1B petition transfered and help me with Stamping of the H1B Visa.




I dont think it is possible. Your H1B petition is valid for a specific company. The only thing you could do is to use H1 portability but for that you need to be a legal immigrant and you should be on a valid H1B visa in the states. If you are in the states and then you have another company apply for you, you could start working for them from the day they apply your petition and not have to wait till the day USCIS approves it. Thats the whole deal. I have heard of ammendments to the H1B petition but that usually comes with changes in location in which case a new LCA and stuff like that but a complete transfer to a different employer does not seem feasible because your LCA also has info about the employer-employee relationship and stuff so I would think no… hope things work out though!!

The new employer can file a cap-exempt petition for you. If you had been to US on H-1 in the past, then payslips for that period are required. If you have never been to US on H-1, then no payslips are required.