H1b transfer while in India,not travelled to US.

I have gone through related question in the forum,but didnt find the answers for few of the below questions.

My H1b visa got stamped from company A(consulting company) in Dec 2015 and valid upto 2018.I have not travelled to US ever.

I am currently working in INDIA for company B.After i resigned the company B stating that i would be travelling to US on H1b,they said that they would initiate h1b transfer and send me to US.As company B is one of the top US companies and its a permanent position with the company,i am inclined to go with B.

My questions are:

  1. If for some reason,h1b transfer petetion is rejected,can i still travel with company A visa and work,if the company A has not revoked the petetion?

2.if for some reason(may be due to delay in h1 transfer),i changed my mind and want to work with company A,can i still travel to US with Company A Visa,while the h1 transfer petetion with B is still in progress?will there be any issues in this case?

3.After travelling to US with company A,if the h1 transfer is approved ,can i work for company B.

  1. Yes, you can still use A’s petition and visa to travel to US in case B’s petition gets denied.

  2. Yes. H-1 is NEVER transferred. B will be filing a different cap-exempt petition for you. Once approved, you will have 2 petitions - one from A and one from B. You can pick and chose either to work in US

  3. You can work for B, but they will have to file an amendment as your I-94 will have A’s name endorsed on it. This will result in issuance of another I-94 with B’s name on it and you can work for them.

Thanks for the reply saurabh ,very helpful.Few more clarifications needed.

  1. Port of entry for company A is X,If i travel to work for Company B on Company A visa,should i enter US at port X and show the approved petetion from Company B OR Can i enter the location of Company B and show the approved petetion from company B.sry if it is a silly question

2.if i work for company B while travelled on Company A visa,will there be any issues when i travel to INDIA and return back to US?should i go for Visa stamping again?

  1. If you want to work for B then use B’s petition and enter at location mentioned in B’s LCA. Only use the petition of the employer you to intend to work for.

  2. You can continue to use A’s visa for travel as long as it remains valid and has not been physically canceled in the passport.

Hi Saurab,

Thanks for your responses.

My transfer to company B is done successfully,however i have one question.

work location for B is Sandiego,but there is no direct flight to sandiego,i have to travel via seattle,so seattle would be my first entry,and then take connecting flight to Sandiego.

would you see any immigaration issues at Seattle,as that would be my POE and i am travelling on my Company A Visa but with valid I797 approval from Company B

If you domestic flight from Seattle to San Diego booked, then carry it w/ yourself and show to officer. It is ok to enter through Seattle and then travel to San Diego.

San Diego has great summer season. Have fun and safe travels!