H1B approval transfer

[pavivenkat]

Hi

I applied for H1B in 2007 from India with a consultant, Company A and got an approval the same year. I came to the US on L2 in 2007 but didnt change to H1B since I didnt work. After that, my husband moved to H1 and my status moved to H4. I havent worked since 2007 in the US. Now I'm ready to join the work force. I have been offered a job with another company, Company B.

Here are my questions:
1. Is my H1B approval with company A still valid?
2. Can company B use the H1 approval that I obtained through company A, even though i did not join company A as an employee?
3. If yes, what information would I need to get from company A (like H1 approval notice etc).
4. If no, then what can company A do to make my status current H1. Say if company A is flexible to give me an offer letter and pay stubs or
employ me for a couple of months, would that be good enough?
5. Can company B directly use the approved H1 and transfer it to their name without company A interfering in the process?


Your help will be greatly appreciated.

Thanks.

 

[fromnaija]

See my response in RED in-line below.

1. Is my H1B approval with company A still valid?
Yes, if company A did not cancel your H1.
2. Can company B use the H1 approval that I obtained through company A, even though i did not join company A as an employee?
Company B cannot use Company A's H1 approval. They will have to file a new petition for you but you will not be counted against the cap since you have been so counted within the last six years.
3. If yes, what information would I need to get from company A (like H1 approval notice etc).
Having the H1 receipt number is good enough.
4. If no, then what can company A do to make my status current H1. Say if company A is flexible to give me an offer letter and pay stubs or
employ me for a couple of months, would that be good enough?
Giving you an offer letter and pay stubs without working for Company A would be fraud and I do not advise fraudulent activities. However, if company A did not cancel your H1 and they still have a genuine job for you, you could still work for them.
5. Can company B directly use the approved H1 and transfer it to their name without company A interfering in the process?
Company A cannot interfere in the process unless they have canceled your H1.