H1-B Transfer Issue

darknight

New Member
Hi,

I am currently in US working for Company A (Current Employer, on L1-B) and company B (prospect Employer) filed H1-B VISA for me in 2008 H1-B CAP and it got approved. I was not in US when Company B field H1-B for me. I should be getting VISA Stamped during October 2008 in India and then come back on H1-B in US. I am also considering a Offer from Company C.

I wanted to know can employer C apply for Transfer of H1-B for me even though I have not joined Employer B. Will Employer B be informed by any means (USCIS) that I am doing a H1-B Transfer, if yes, is there a possibility they can revoke my Petition or VISA even though I have the original petition with me?

Can this transfer be done before October 2008, if yes, what would be the difference in making transfers before or after the October?

Can I get Employer’s B H1-B Stamped and then get VISA Stamped for Employer C? Is there something which I have to keep in mind while appearing for VISA Interview for this situation because I have not joined B and I have no pay stubs from Employer B and then applying for Employer C?
 
If you do not work for B, you cannot do a transfer. You must file a new application not under the quota and wait for the approval notice before entering the US. It is fraud to enter using the approval notice of an employer for whom you have no intention of working.
 
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