H1B TRANFER IN CASE OF PETITION APPROVED OR WITHDRAW/REVOKED

USA H1B Visa
1

Hello,

I have few queries regarding H1B visa transfer.

Current Employer: Company A (filed H1B Visa and Petition Request)
New Employer : Company B

My H1B visa has been apporved in Oct,2015 and it is valid for next 3 years. I have receipt number and approved petition document with me and also H1B Visa has been stamped in my Passport mentioning name of Company A on it.

Need your suggestions since i am planning for job change, also one point want to clear here i have never been to USA so suggest accordingly.

Belows are my queries:

  1. Is Visa tranfer same as applying for new Petition(new H1B) with cap exempt using old petition and receipt id?
    If i leave Company A, They may file H1B withdraw/rewoke application to USISC.

Case 1: Petition is Withdraw/Rewoke:
1.a) If it is withdrawn then can I apply for new petition in cap-exemption quota? if yes, (a) When can I apply for new Petition? (b) Approximately how long time it(new petition) will take to get it approved for new employer Company B.
1.b) Do i need to go for Visa stamping again(New Visa Request), since at present it is showing annotation of Current Employer (Company A) on my Visa, how long time it will take for Visa stamping again?

Case 2: Petition is not withdraw/Rewoke:
2.a) Can I(Company B) initiate H1B VISA transfer without informing Company A? What will happen if Compnay B initiate Visa Tranfer request and at the same time Company A file for Visa Withdraw/revoke request.
2.b) When can Company B start Visa transfer Request, is there any particular month for applying for new petition request?
2.c) If petition tranffered successfully. Do i need to go for Visa stamping again(New Visa Request), since at present it is showing annotation of Current Employer (Company A) on my Visa, how long time it will take for Visa stamping again?

Please guide me and Thanks in advance.

2
  1. Yes, they are same

1a. Yes, it can be applied. Usually it should be applied within 6 years. Processing time is 2-6 months, but PP option is also available

1b. No new visa stamping required as long as the old visa stamp has not expired or not marked as canceled in passport

2a. Yes, B can initiate w/o informing A. Even if A withdraws while B’s petition is pending, it would have no impact on B’s outcome

2b. See (1a)

2c. See (1b)

You need to work on your numbering. I could see two 1s, an a and b within 1a etc :slight_smile: