My H1b petition is approved but the employer is not taking any action

USA H1B Visa
1

Hi Folks,

I have joined a company based out of US in Feb 2013 and they applied for my H1b visa in the month of April. I got selected in the lottery and my petition was approved in Nov 2013. Now my employer is not willing to send me for stamping the visa because there are no new projects for me. (As per my employer). The petition documents are with the employer and I just have the reference number and I-129 form in scanned pdf format. I am not sure what is the start date and end date mentioned in my I797. I checked the USCIS website with the reference number which is WWAC…something and it shows in Post decision approval stage.

I have few questions that I am looking to get answered.

  1. Can I quit my current company and look for another employer who can sposor my H1b since my petition is already approved.

  2. If I decide to move on and what if my current company do not initiate or give me the petition approved documents for the H1 transfer. (correct me if I am wrong). Can I take legal action against them.

  3. Can the new company use my existing petition (expired or still existing) and file H1 transfer petition and get my visa.

  4. How long will the process takes if my new company takes over to get the visa stamped.

Thanks

Sean

2

  1. Can I quit my current company and look for another employer who can sposor my H1b since my petition is already approved.

    Ans: Yes, you can

    1. If I decide to move on and what if my current company do not initiate or give me the petition approved documents for the H1 transfer. (correct me if I am wrong). Can I take legal action against them.

    Ans: No need of petition documents, just Receipt Number is enough. You can apply for cap exempt based on approved petition earlier.

    1. Can the new company use my existing petition (expired or still existing) and file H1 transfer petition and get my visa.

    Ans: Yes

    1. How long will the process takes if my new company takes over to get the visa stamped.

    Ans: It will go through the same process as fresh H1B (Petition Submission, Approval, Visa Interview). You can make the petition process quicker by going for premium option.