Changing employers before stamping

[Edgar2904]

Hi there,

My current company succesfully filed an I-129 for an H-1B. I was already in the States on another visa and the company lawyers filed the petition in such a way that I need to fly back home to get the actual H-1B stamp.
Now I might have a job offer from another company and I was wondering if I need to first get the H-1B stamped (for current company), before the other company can actually file a new I-129 to transfer it?

Thanks for your help

 

[ginnu]

Hi there,

My current company succesfully filed an I-129 for an H-1B. I was already in the States on another visa and the company lawyers filed the petition in such a way that I need to fly back home to get the actual H-1B stamp.
Now I might have a job offer from another company and I was wondering if I need to first get the H-1B stamped (for current company), before the other company can actually file a new I-129 to transfer it?

Thanks for your help

you have TWO options. if the employer who filed H1 for you has job for you then go for H1 visa stamp then enter US on H1 visa status, work for 3-4 months and get pay stubs then let the new employer file H1 transfer for you and join once H1 transfer gets approved.
Or Let the new employer file H1 for you while you are out of US and provide the copy of your H1 approval notice employer A and let B file H1 (you will not be subject to Cap if they attach copy of your H1 approval from other employer) for you and once B H1 gets approved and you get B H1 approval notice then go for H1 stamping with B H1 approval notice.
** FYI at this time USCIS is after consulting companies and ask lot of documents or sent RFE with long list of documents. Decide if A is good for you or B is good for you. No Bench is allowed in H1 and employer must pay.

 

[Edgar2904]

Thanks for help Ginnu. Option 2 fits the best; let company B file for H1 with attached H1 approval notice of company B. Do I need to be out of the country while company B files the paperwork?
I'm currently in the States on E-2 working for company A. Company A got me an H-1B because E-2 will expire in September.
I'm trying to prevent the need for flying back to get the stamp or raise any questions with company A.

 

[ginnu]

Thanks for help Ginnu. Option 2 fits the best; let company B file for H1 with attached H1 approval notice of company B. Do I need to be out of the country while company B files the paperwork?
I'm currently in the States on E-2 working for company A. Company A got me an H-1B because E-2 will expire in September.
I'm trying to prevent the need for flying back to get the stamp or raise any questions with company A.

-------------------- I dont post for E-2 or F1. talk to your lawyer.