Transfer of Approved petition from one company to another

Hi Saurabh,

I had a query. I am based out of India and have never travelled to US. Company A had filed an H1B petition for me this year. The petition is in approved state. However I have quit Company A and now working for company B (based in India). My question is:

1) can company B use the approved petition in any way for filing my H1B?

2) can a company C based in US use this approved petition if it wants to offer me an employment directly in the US?


PS: No stamping has happened and neither do I have any petition documents. I only have the petition file number.



1 Like

Yes you can get the visa transferred and once you receive the new employer’s approval notice go for stanmping

I agree with this answer. But you did say that you did not have any documents. You really need the approval notice most lawyers will ask you for it.

I am in a similar situation. I have the soft copy of I797 (Petition Document) will that suffice or do I need the original

for me its same I have approved h1b but I don’t have any original document with me, please reply if we can still transfer, if I have soft copy or wac/application number

It is possible with just the receipt number. Think about it, if new employer submits just the receipt number, USCIS can gather all the information from their system.

Hard copies are helpful to the new employer. That ways they know for sure that you have been cap counted and the receipt number belongs to you. They don’t want to spend money on you only to realize later that you are not already cap-counted.