H1B-visa-transfer before stamping

USA H1B Visa
1

Hi , My H1 B petition is approved for employer A FY 2013. I would really appreciate if any one could answer my below questions.

1)If i wish transfer my petition to employer B , is there any chance that A will come to know abt this from uscis throgh rfe or any queries.

2)after uscis approves my transfer , can i go to usa using A’s petition and stamp

3)if uscis rejects the transfer, will my original petition(a) also gets rejected.

4)if my visa stamping for emp B is rejected at embassy, will embassy send the notification to revoke both my approved petition or just B

  1. can emp A revoke my approved petition at any stage and will this affect my visa transfer if it is only at the initial stages.

Thanks,

barrons

2

  1. No

  2. Only if you plan to work for A after entering US. If you plan to work for B, then use A’s visa stamp and B’s approved petition. A or B should be aware of your travel plans and ready to accept your employment in US

  3. No

  4. They will send B’s petition back to USCIS for reconsideration and possible revocation

  5. Yes, they can revoke the petition anytime. This will not impact B’s petition whether it is under process or still to be filed or already approved

3

Saurabh,

Thanks for the quick reply. I really appreciate it.

One question on point 5. If A revoke the petition before B files the petition, then I guess the petition will not B counted in cap exempt and so B cannot file the petition. If the answer is no and B can still file my case under cap exempt , IS there any time constraint for B to do it or can they file it any time before my petition expires?

Thanks,
Barrons

4

Once A’s petition has been approved, you are eligible for future cap-exempt petitions. This holds true even if A revokes or withdraws the petition. However, if USCIS revokes the petition on grounds of false/fraud information, then you cannot use it for cap-exempt purposes.

Does that clarify?

5

Hi Saurabh,

Question on Barrons’ point 5
Is there any time constraint for B to file the case or can they file it any time before the approved petition expires?