H1B Transfer for a approved petition to a new employer


I have my H1B Petition approved through employer A on Jan-2012 and my petition is valid until April 1, 2014. But I couldnt go for stamping since I am in UK from 2012(till now). I have the copy of my petition approval notice (I797).My questions are below.

1. Can i go for stamping through another employer with this same petition.
 If so can the new employer apply any time during the year to apply for a new H1B petition under Cap exempt category? How long will this take

2. If by worst case i miss out to go for visa stamping now, any time in future (after April 2014) can a new employer or the same employer apply for a H1B Cap exempt and apply for stamping.

Appreciate your help

  1. You cannot go for stamping through another employer with the same petition. The new employer will have to file a new cap-exempt petition for you. You could use that petition once approved.

    The normal processing of H1B petitions could take anywhere from a few weeks to a few months. But if you opt for Premium Processing, you could get the result in 15 days.

    1. April 2014 doesn’t matter unless you go for stamping with the currently approved petition for the same employer (if they are still ready to offer you that job). If its a new employer they have to file a new cap-exempt petition for you. This can be done within 6 years of your first approval of H1B.

so lets say … if i get the petition approved in one year 2012 and which is valid till 2015 … but any other employer can apply for my H1B cap-exempt petition which will not fall under lottery till 2018 ???

That’s correct.

Hi Sujith, Thanks for the information.
My case is also similar. Could you please provide so more brief information ?

I work for Employer X(applied H1B for me this year, 2015). My case fot picked up in the lottery. Got a receipt number on May, 2015.And now my Petiton got approved on USCIS Portal.

Present USCIS Status: On June 23, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC***

but I am leaving my current Employer X and joining Y. 17th July is may last working day. As per last year stats(2014), people started getting Petition Letter from my current Employer by late August(by the time I will leave X).

“If my current employer does not provide me the Hard copy of the Petition document” or “If my current Employer denies to provide the Petition Letter to me”,
–What step do I need to take to make use of h1b ?
–What is the other way to get the Petition document direct from USCIS ?

Thank you in advance

For your new employer to file a cap-exempt petition, you just need the previously approved H1B petition’s case number.

As far as I know, USCIS will not give any information to the individual. They provide information only to the petitioner (your current employer or their attorney).