H1B transfer before stamping or travel

USA H1B Visa
1

Hi All,

I’ve applied for h1b 2016 with one of the US consultants and it got selected after lottery, but still the case status is ‘Case was Received’, but not yet approved or got to RFE.

Though I’m waiting to get the case approved, however there is a chance my current employer in India, based out of US, can absorb me to US office. This is definately a better opportunity for me. However, I’m yet to ask my current employer as I’m waiting for the case to be approved, so that the request will be clean for my employer to process. I’ve few questions in this situation and appreciate your help on this.

  1. Without discussing with consultant and having his ‘yes’ to proceed, can I ask my current employer to kick start the h1b transfer? Will there be any issues in that?

  2. Even before stamping, or travelling to US for the consultant, can the transfer get successful? I like to travel for my current employer directly.

  3. Can the consultant withdraw the petition, or call off the case, incase he is not happy with my transfer?

2

Hi ,

Please find answers

  1. Your Current employer can file cap exempt H1B petition only after your current pending petition gets approved. ( Assuming this is your first H1B) . All you need is Approval notice soft copy or atleast receipt number. You do not need to discuss with Consultant.

  2. Yes. You may need to think about premium process as now a days it takes 6 + months for approvals in normal process.

  3. Even Consultant withdraw his petition it will not have impact on your new petition provided consultant petition is approved. If he withdraw petition before approval, your current employer can’t file petition.