Can I transfer H1B petition from Company A to Company B?

Question

Hi,

My H1B petition already submitted and got a receipt number and  status is "initial review", Now I am moving from Company A to Company B but I am going to pay H1B cost to Company A. Can I Use this receipt details for my company B to pursue my H1B process? or any other documents(like I797,I129 papers) do i need to get from my current employer?

Answer 1

One H1B petition cannot be transferred to another employer. You may use an approved H1B petition to file another cap-exempt petition with another employer. Since your Company A petition is still in "Initial Review", you cannot use that for filing a cap-exempt petition with Company B.

Once approved, you can use the I-797 notice of approval, I-129 petition copy and the notice of receipt (any one of these would suffice, I think) can be used to file a cap-exempt petition with Company B.