If I got my H1B petition approved but I haven’t gotten it stamped yet, is it possible to apply for H1B transfer through another employer?

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If I got my H1B petition approved but I haven’t gotten it stamped yet, is it possible to apply for H1B transfer through another employer?

I have got my H1B petition approved this month. Is it possible to apply for H1B transfer through another employer without stamping of visa? If yes, can my current employer cancel the petition and what impact it will have on my H1B transfer petition?

Asked on August 28, 2012 under Immigration Law, Missouri

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can have another employer file a new H-1B visa petition on your behalf and it would not be subject to the quota but it is not called a transfer since you are not yet in the US and not in H-1B status.  A transfer is a transfer of H-1B status from one employer to another but in order to be able to transfer status, you must be IN status.


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