Legal Question in Immigration Law in Illinois

I got my H1 B stamped on my passport in this year October against my

current employer in Mumbai India. I never used this stamped visa (Meaning,

never traveled to US on this visa).

Now the scenario is - I have got the job opportunity with another employer

in US and they want to transfer my current H1 B to their name.

I was going through the required documents for this transfer process on net

and somewhere it was mentioned that copy of I-797 is required for the same.

Is that true?

I do not have the copy of I-797 with me. So, my question is - Is the copy

of I-797 mandatory for this H1 B transfer process? I have receipt number of

my H1 B petition, stamped visa on my passport and all the other documents

with me.

Please guide me what options that I may have in this scenario?


Asked on 12/15/13, 8:54 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You cannot file for a "change of employer" H-1B visa with USCIS if you have never entered the U.S. nor worked for the U.S. H-1B Petitioner.

The new U.S. company should be seeking counsel for any questions they might have regarding filing H-1B visas for prospective employees.

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Answered on 12/16/13, 10:24 am


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