H1b transferred without working for a company


Great to read the informative answers on this site. My query is that if a company files an H1b visa for me and does not send me to US. By company i mean my company in India, they file it for some US client.

  1. Can i use that H1b visa to go to US through some other employer/company?
  2. Can my company get my H1b visa cancelled if they want?
  3. What can my company do to make sure that i do not switch to some other employer once my H1b visa is granted
  4. Am i under any obligation(legal) to stick to my company once they have got me an H1b visa
  1. The other company will have to file another petition for you but it would be cap-exempt based on your previously approved petition. You don’t need to wait for April to file it

  2. Yes, they can send a request to USCIS to withdraw the petition and the passport to consulate for visa stamp cancellation. The new employer can still use it for filing cap-exempt petition and you will have to appear for another visa stamping.

  3. Nothing

  4. No

Thanks for your responses Saurabh, few more doubts

  1. So, in case my company gets my H1b visa cancelled and the new employer files a cap-exempt petition, will they have to pay the visa fees again. Is this application for visa any different from a fresh H1b visa application.

  2. And in this scenario, would getting H1b approved the second time have less chances as i did not travel on the H1b which i got previously

  3. I want to use my existing H1b visa and travel for some other company as there are no travel opportunities in my company. What should i be doing to make sure that my company does not get it cancelled

  1. Yes, they will have to pay the fees again. It will same as before
  2. No, it won’t matter. They will look at the documents and job position for the new offer, and then evaluate it
  3. You can have another employer file cap-exempt petition for you now. Once it has been approved, you can then resign from current employer. However, your company may ask you to submit your passport for visa stamp cancelation, as part of their exit process. In that case, you can decide whether to oblige or not. If canceled, you can again appear for visa stamping through new employer and then travel to US.

Note that petitions are specific to employer. So you cannot fly to US on petition for A, when you will be working for B. B needs to have their own petition. However, w/ visa stamps, one can use the visa stamp issued through A even though they plan to work for B (even in this case some employers prefer you to get visa stamp through them even when you have an old unexpired visa stamp).

Does that clarify?

hi saurabh,

thanks a lot for the information. first of all am sorry for replying late as i was away due to my marraige. Now what i gather from your post is that h1b transfer is same as new h1b petition, just cap exempt.

My company is filing an H1b petition for me. In most probability they will not make me travel. Might be they just file a petition for me and not go for any stamping. In this case can i get my petition transferred to some other company.Wha would i require for the same

What is the way to find such companies who look for candidates having H1b petition

What stage in the H1b process does a company have to pay for the complete visa filing fees(2K to 3K dollars approximately). Is it paid ine the beginning while filing the petition or is it paid in parts or is it paid in the end before visa stamping?

At what stage of the process, does H4 visa for the spouse come into picture. During the visa interview or during filing a petition or even later?

Thanks for the patient read

Congratulations on your marriage!

If another employer wants to file cap-exempt petition for you, then they will need copy of your previous approval notice. If you don’t have that, then you can use the receipt number w/ print-out of online status showing the petition as approved.

The fees need to be paid upfront when filing the petition. No fees is returned in case of denial or petition withdrawal.

As you are outside US, your wife needs to go for H-4 visa stamping along w/ you (or separately after you have got yours stamped). There is no other action required for her H-4. Make sure you have the marriage certificate by the time you appear for visa stamping.

thanks a lot for the information saurabh. i understand it much better now:)

Hi Saurabh,

My company is going to file a petition for me this year. My question is what is the importance of the Job description document and proposed job duties document in this process. Is that something that has to be prepared by an attorney or a professional? Or is it something that just needs to list the responsibilities of an individual and can be prepared by me myself. Ideally who should be preparing these documents?

Also, what is the criteria for an H1b application to be rejected?

Is the rejection rate higher when the petition is filed or when the visa interview happens?

I have had issues with my business visa previously? Should those be of any concern while h1b is getting filed?

I have added this as a new question here