Hi,
I am working as a Practice Lead for an Organisation in Hyderabad. One of my customer has filled for my H1b in 2021 and received approval for the same and waiting for stamping to be done. Now if my current organisation is trying to retain and offer me a position in US. If incase my organisation is ready to do the H1 transfer, is it suggestible to do a transfer without travelling to US as I do not have the payslips from my initial sponsored company. But I am working with my current organisation for 5 years now. Can I get the transfer and travel to US? If incase I can, should I first get stamping with my initial H1b or should I wait for the transfer and then go for stamping.
Thank you in advance.
If the original sponsoring employer applied under cap-subject/lottery and you never worked for the sponsoring employer or activated your H1B by visa stamping, USCIS may not approve another employer sponsoring your H1B under cap-exempt. Technically it is not a change of employer petition aka transfer as that can only be filed if you are working for a H1B sponsoring employer in the US.
That said, there have been instances where USCIS has approved cap-exempt H1B even if the beneficiary never worked for the sponsoring employer.
My suggestion would be to at least go for visa stamping using the H1B approval notice from the original sponsoring employer and then have your current employer file for new cap-exempt H1B petition under premium processing. Meanwhile your H1B from current employer is processed, buy time from your original sponsoring employer so their door is open if H1B petition from your current employer is denied for whatever reason. If it is approved and you decide to work for your current employer, you can use the visa stamp to travel to the US and start working for your current employer. Otherwise you can join your original sponsoring employer.