Is stamping required again post company B cap exempt petition? Have a 3 yr visa for company A.

USA H1B Visa
1

Hi! I’m seeking some expert advice.

My H1B got picked in 2015 and I started working for company A in US in October as my visa is stamped for 3 years.

Meanwhile, I found another employer (company B) who filed a transfer petition & upon receipt of which by USCIS I started working for company B. After couple of months of service with them, company B withdrew the transfer petition due to some technicalities and told me to leave country immediately as I would be out of status. Company B has again filed for a cap exempt petition for me as they are willing to hire me again.

My questions are:

  1. Do I need to again go for visa stamping on company B’s name once my cap exempt petition is approved by USCIS or I can use the old stamp to enter US with new petition and approval document?

  2. Am I in a position to find another employer (Company C) in US while being in my home country and have them file for cap exempt petition in a similar way instead of staying with company B if petition is approved? Can company B claim liquidation damages if I refuse to join them? Is it safer to leave them once my employment starts or right now?

Early response is highly appreciated

Anjali Singh

2

  1. You can use old visa stamp and B’s new petition

  2. Yes, C can also file a cap-exempt petition for you while you are outside of US. B can ask for liquidation damages especially if you have a signed contract w/ them. However, your employment w/ them was terminated when you leave US and they withdrew the transfer. The new employment won’t start until their new petition is approved and you travel on it. In addition, they cannot ask for petition filing fees (new or old one). Makes sense?

3

It does make sense, thank you so much Saurabh.

Also,

  1. Is it legal that 2 different companies/employers file cap exempt petition for me at roughly about the same time? My 3 year H1b visa is valid till Sept’2018.

  2. Which petition is more likely to be approved (the one that reaches first or second)?

  3. Does the employer whose petition is not approved required to withdraw their cap exempt petition? Do they get a full fee refund? Does it have any impact on my approval with USCIS?

Thanks

4

See my response to your other post w/ these questions.