H1B-visa-transfer to new employer before stamping


I am currently in India working for company A and getting rolled off from the company by mid July. Meanwhile i have got an offer from Company B and scheduled to join them from mid july. My H1B visa is currently through lottery process and in intial review stage.

My question: Is it possible company B can utilize this visa pettion by transfer process at any stage at all i.e. after approval, before stamping.


Appreciate your help....


They can file cap-exempt petition for you once the petition has been approved. Until then, B cannot make use of this petition.

Thanks Saurabh. If the petition is approved, is there time frame by which the H1B transfer will have to be done? Also I guess if the status goes into RFE while I joied Employer B, nothing can be done.

Once the petition is approved, B can file for cap-exempt petition within next 6 years.

Once you join B, A will either withdraw the petition or not respond to RFE (if there is one).

Have you already resigned from A? If not, then why not upgrade it to PP so that you get the result quickly.

Hi Saurabh
I have a situation here.
Thanks sticksoldier,

As per USCIS and with Gods grace it shows “Case Was Approved”. And I have resigned from my current Employer(X) who applied H1 for me this year. 17th of July is my last working day.

Original Massage for USCIS portal :
On June 23, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC*******. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

Will X provide me the petition of the hard copy even after I leave X ?
If X does not give me the hard copy of ‘Approved petition’ and I suppose USCIS will send Approval email to my current Employer(X)'s email id which will be deactivate soon after I leave X(17th of july).

Does my current Employer still has authority to withdraw my case in this situation?
how do I get the petition direct from USCIS if My current employer does not agree to provide me the Oetition ?
what is the other way to get that?
How long does it take to get the Petition Letter(Hard copy) after USCIS approved my case ?
As USCIS says : “If you move, go to www.uscis.gov/addresschange to give us your new mailing address”
– Should I go ahead and update my address ? or I should wait till my last working day ?

Thanks so much in Advance.