H1B Visa

H1B Transfer Without I-797 Approval Notice

Question from Anshul

  • My H1-B was filed using I129 in November, 2011.
  • Got an Approval Status on March, 2012
  • However I left my employer who had filed my petition in February 2012 to join a new company
  • Can the new company utilize my approved petition?
  • I only have the receipt number with me.

H1B Transfer Without I-797

After reading few forums and Immigration Attorney Questions and answers, looks like you can apply for H1B Transfer (in reality its New H1B Visa application, not counted towards the cap) with the receipt number alone.

Your new company Immigration attorney should be able to answer this questions.

If you get your H1B from new company just by using the receipt number from previous approved H1B without I-797 approval notice, can you let us know if that worked?

Good luck with your H1B Transfer to new company.

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13 Comments

  1. Applied for H1b transfer to affirmed networks and currently its in RFE due to speciality occupation. Recently the company got acquired to microsoft and the attorneys are currently working on the response.

    will the process get restarted , starting from applying lca since the company got acquired? or the new company will re-do the whole process please clarify?

    Title:Senior SE

      1. Thanks Sir. If attorney respond’s i wouldn’t be posting here. I am kept in the dark hence i posted here for help. Usually what will happen in my case, Do you know any one come across this situation and asked for clarification based on your experience ?

  2. I am currently employed with company X, I have an approved I-797 until 2021, but my visa stamp issued thru company X expires this december. I got an offer with company Y, they have applied for my visa transfer. I have to travel to India during January, will return within 3 weeks (end of January). I will have to go for visa stamping using company X’s approved h1b. I plan to come back to USA using company X’s visa stamping. After my vacation, i will continue to work for company X for atleast 7 months as company Y’s visa will take atleast 7 months for approval (due to huge backlogs). My questions are:

    1. Will there be any issue with this approach?

    2. when i go for stamping (drop box), will the office ask me a question on – There is another company Y who has applied for your transfer, but you have filed for company X’s visa stamping. will this come up and be an issue?

  3. I got h1 b approval from company A and am in h1b transfer to company B and i got my receipt number from Company B and waiting for approval notice and my company A revoked my approved H1B and now i planning to transfer to company C is that possible to transfer to company C without approval notice

  4. Hi Raghu, I am in the same boat can I have a sooner consultation with you on this?

    Thanks,
    Kushal

  5. Hi Anshul ,

    I have the similar situation like yours . Can you tell me what did your new company’s Attorney said ?? It will be of great help thanks ..

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