H1B transfer before stamping !

Hello Experts

I got my petition approved this year from a company “A” in 2014, I havent gone for VISA stamping yet. I have received another offer from another company “B” in USA and I want to join company “B”

I have few questions regarding how to go about this situation?

  1. What is better appraoch?

    a. Travel to US using company “A” petition and then transfer H1 to compan “B”?

    b. Can company “B” apply for cap exempt petition for me? If they do so, can company “A” finds this anyway? will the petition number is diffrent in this case?

  2. Once company “B” petition is approved, can company “A” revoke my petition? if so, will it have any impact on petition B?

  3. If company “B” petition is approved? what happens to company A petition? will it also be valid? if I change my mind due to any reason, can I still travel using company “A” petition?

  4. Any considerations for visa interview and POE? can it bring any complexities?

  5. Can company “A” know that I have filed cap exempt petition or can I just mention them that company “B” also filed my petition and both got selected during lottery?

  6. How much time it it takes to process cap exempt H1 petition?

please help.

I saw this blog on IM website Caution Ahead! New Interpretation may Prohibit FY2015 H-1Bs from Changing Employers Before October 1st | ImmigrationGirl

Please go through this.

  1. What is better appraoch?

    a. Travel to US using company “A” petition and then transfer H1 to compan “B”?

    b. Can company “B” apply for cap exempt petition for me? If they do so, can company “A” finds this anyway? will the petition number is diffrent in this case?

>>Best approach is 1.a

  1. Once company “B” petition is approved, can company “A” revoke my petition? if so, will it have any impact on petition B?

>>No company can find if the beneficiary(you) has transferred their visa unless they are informed. USCIS never informs the old company since it’s confidential to curent petitioner.

  1. If company “B” petition is approved? what happens to company A petition? will it also be valid? if I change my mind due to any reason, can I still travel using company “A” petition?

>>No worries. Your COS happens to which ever visa you use for payroll currently. Simultaneously old petition gets cancelled.

  1. Any considerations for visa interview and POE? can it bring any complexities?

>>Minimal interaction, just to understand everything is ok.

  1. Can company “A” know that I have filed cap exempt petition or can I just mention them that company “B” also filed my petition and both got selected during lottery?

  2. How much time it it takes to process cap exempt H1 petition?

>>Dpends on type of filinig. Premium max 15 days. Normal 1 to 3 months

Overall I will suggest you to go through 1.a chioice. Once you enter USA, change employer whenever you want.

Hello, Thanks for your comments.
Can you please confirm if my employer B files a new petition and its approved and I start with my job with employer B, can employer A revoke my petition under fraud( if he wants?) ? and will it have any impact on employer B petition?

No impact. It’s not a fraud and happens more often.