H1B Petition Transfer

Hi Folks,

I am working on L1B for A company and will max out till 2017. I approached a small employer (B) and got H1B petition approved in 2015. Why only petition approved because after responding to the RFE, I had to go back to India wherein my i94 changed and uscis only approved my petition which means i cannot work with B unless i get the stamping done because we showed an internal project during RFE response.

Now my question is, i have an approved petition from company B. I am looking for any C company which can sponsor my H1B with cap exempt but i would like to know what’s the process once that H1B gets approved with employer C. Do i have to go for stamping then? Does anybody had a situation like this?


If you already have a valid H1B stamp on your passport from company B, you can use it for travel until it’s expiry date …even after you change to employer C. But, you need to carry employer C’s approval notice along with you., when you travel out of country.

Thanks for your response sir.

I have one more question. So inline with my previous comment, the attorney is saying that if i have to work with employer B with whom i got the H1B petition approved, i have to go for stamping and then be on his payroll for 2months wherein i can’t work elsewhere and then attorney will file for an amendment for me to be able to work for any client through this employer. Do you know if that’s true?

Since everything sounds so complicated, i am looking for a employer C who can file for an H1B for me with cap exempt because i already have a petition approved. So if that H1B gets approved, do i have to go for stamping or can i start working for C right away?


As far as I know,for transfer from L1 to H1, you can just apply for change of status and stay in USA. Employer C can transfer your visa and apply for change of status along with it. That way once both are approved, you can work for employer C, you need not worry about B at all. What you will need from B is a copy of your approved H1 notice, to apply under cap exempt category for C.

Visa stamping only applies if you ever go out of the country, that’s when you need it to re-enter USA as your status has changed. So don’t worry about stamping, unless you have a travel plan back home in near future.