how H1B transfer can be done without stamping?

USA H1B Visa
1

Hi Saurabh,

I have a question regarding H1B fresh application. Assume that Company “A” has submitted H1B petition and it is in progress( Initial Review).

My question is

1.Do i need to stay in the same company “A” till my petition approval?

  1. Assume that only approval has come when i am in company A, Shall I change the company to “B” and Do i need to apply for one more petition from B and then go for stamping from India? Will there be any issues in stamping from B?

3 What will happen if i leave the company “A” and go to Company “B” and my case turned into RFE without approval but petition applied from Company A?

Thanks for your earliest reply.

2

  1. If you want that petition to be useful to you, then you should wait until the petition gets approved.

  2. B will have to file a cap-exempt petition for you using A’s approved petition as reference. You can appear for stamping using B’s approved petition

  3. A will have no interest in pursuing the approval of the petition as you have left them. So they can let RFE expire and you will not be able to file cap-exempt petition through B.

3

Thanks for your reply saurabh!