New H1 Visa Stamping - Problem.

skis

New Member
Hi,

I have applied for an H1 through a staffing firm before April 2009 and it got approved and went for stamping in November 2009. The consulate verified mine and my wifes credentials/documents and were satisfied but had few queries regarding the company financials documents and requested additional documents through 221(g). Primarily documents around tax filings, and proof for showing that they have vacency but not able to find suitable local candidate etc...

So far the company not provided any further documents to support this query so my visa stamping is not going anywhere.

Since it's almost an year and i am getting other offers from different firms. Given this scenario is it possible to transfer my current approved H1 to another employer. If so what documents i need to have from the original company which applied my H1.

Please advice..
 
You may not "transfer" as that requires you to be in status in the US. With old approval notice, a new employer can file a new petition not under cap. When you receive a new approval notice, you may appear for stamping.
 
Hi,

I have applied for an H1 through a staffing firm before April 2009 and it got approved and went for stamping in November 2009. The consulate verified mine and my wifes credentials/documents and were satisfied but had few queries regarding the company financials documents and requested additional documents through 221(g).

Primarily documents around tax filings, and proof for showing that they have vacency but not able to find suitable local candidate etc...

So far the company not provided any further documents to support this query so my visa stamping is not going anywhere.
-----------------------Company need to provide what is asked by Consulate.
Since it's almost an year and i am getting other offers from different firms. Given this scenario is it possible to transfer my current approved H1 to another employer.
------No. to file H1 transfer you need to be in US with valid I-94 on valid H1 status and latest 2-4 pay stubs. you are not in US and cant file H1 transfer. FYI Transfer is filed by US employer if you are on valid H1 status in US.
If so what documents i need to have from the original company which applied my H1.

Please advice..

if you have H1 approval notice then new employer can file Fresh H1 petition for you and you will not be subject to CAP.New employer will need the same education/exp documents from you and Copy of H1 approval notice.
 
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