Never traveled on H1B Visa to USA, transfer H1B to new employer in India?

I’m posting this question on behalf of my friend.

My friends petition was picked in the last years H1B lottery(2017) and his status was approved. He was working with say emp-A where he did not find any onsite projects or opportunities. Therefore, emp-A did not allow him to appear for stamping.

Meanwhile, he got a very good offer from emp-B and told that he would get onsite projects. Without any knowledge about H1B, my friend was resigned from emp-A and joined emp-B. Notably, he didn’t appear for stamping or holding any papers(I-797) from emp-A.

My questions are (assuming his visa with emp-A is not revoked)

  1. Is he still able to use his H1 petition from emp-A through emp-B, appear stamping and travel to US?
  2. What is your suggestion for him to get H1 visa?.

Please advise. This should be more helpful. He is also communicating the Visa team of emp-B, but not getting proper answers from them.

Hi @Venkat

Yes, your friend can use his approved #usa:h1b from employer A.
Employer B will have to file cap exempt #h1b-transfer with USCIS.
Once approved, your friend can go for visa stamping and then come to US using H1B.

If your friend does not have the employer A’s approved H1B details, he can file the USCIS FOIA request himself to get the details.

It may take 2+ months to get details from USCIS FOIA, so it is better to contact Employer A and try to get the H1B receipt number and approved i797 copy to expoedite things.

Let me know if you need more information.

Thank you so much @Anil_Gupta for the quick reply:smiley:

Really appreciated. I’ll share this info with my friend.


You are welcome. Let me know if you need more information.