H1B - transfer while in INDIA, but want to stay with old employer

Hi , I am in INDIA & was selected in H1B lottery for the year 2015-16 & still waiting for H1 approval. A US consultant has applied my H1. Now I am working in INDIA for a software company & this company knows the receipt number. I have few questions here.

  1. If i get approved from US employer, can my employer in INDIA apply for h1 transfer with reciept number but not having i-797 notice & also with out my notice?

  2. I want to get visa stamped & go US with my US employer once i get approval, if the indian employer applied H1 transfer with out my knowledge & if it got denied can i still travel US with the visa i have with US consultant?

  1. Are you asking can your employer in India transfer your H-1 w/o keeping you in loop? I don’t know any company that would do that. H-1 is never “transferred”. What happens is that you end up w/ multiple approved petitions and can pick and chose one to work for. Company can file cap-exempt petition for you using the receipt number, but they will keep you in loop. If they don’t inform you, its their financial loss as you can still decide to work for your US employer.

  2. Denial of Indian employer’s H-1 cap-exempt petition will not impact the US employer’s petition and their future visa stamp.

Thanks a lot Saurabh for your valuable answer