Reg H1b Change of employer or transfer with the approved h1b petition before stamping

[mavrikicecool]

I am not so sure about this but I have heard recently that if a candidate does get an approved petition from one of the employer, he through further processing from USCIS can change the employer name or get the approved petition transferred to the another employer without or prior to visa interview.

i feel that i can get the petition done from one of the employers or any staffing companies, and then change it to my current employer that's Cognizant as it would have a better chance of approval for the visa clearance when compared to those staffing companies or any other employer.

Is it possible to do this and how, and if so under what rule or section its framed with USCIS.Need advice

[gc0907]

I haven't heard anything of that sort.
'Transfer' is just a concept. Every petition is considered as new petition(except you won't be counted under a quota if you have an already approved H1).
So Cognizant has to file a new petition and your previous petition(if any) from a staffing company or any other company won't impact it in any way.


I am not so sure about this but I have heard recently that if a candidate does get an approved petition from one of the employer, he through further processing from USCIS can change the employer name or get the approved petition transferred to the another employer without or prior to visa interview.

i feel that i can get the petition done from one of the employers or any staffing companies, and then change it to my current employer that's Cognizant as it would have a better chance of approval for the visa clearance when compared to those staffing companies or any other employer.

Is it possible to do this and how, and if so under what rule or section its framed with USCIS.Need advice

[mavrikicecool]

I mean to say is, just a petition approved and u get the doc's from uscis and which has not been stamped at any embassy, and i am in india, i want to get name change of the employer to cognizant...that's my point before going for visa from cts the name of the other employer has to be converted to cts, from the other employer nad thne i will go for the visa, is this possible.

[qesehmk]

I am confused mavrik. Why go round about? It is better to try to get H1B approved for whoever you want to work. I am also not sure what you are trying to do here!
I mean to say is, just a petition approved and u get the doc's from uscis and which has not been stamped at any embassy, and i am in india, i want to get name change of the employer to cognizant...that's my point before going for visa from cts the name of the other employer has to be converted to cts, from the other employer nad thne i will go for the visa, is this possible.

[mavrikicecool]

ya the problem if i go with the first emploery, which would be a quite normal the chanes of visa approval would be very slim, and if i go through CTS really things might be different, that'ss the reason i was thinking to convert the petition employer to cts....

[qesehmk]

whatever you are doing would be a good way to get into legal trouble for yourself and for CTS. Sorry to say this clearly .... but that would be a good fodder for anti immigrants.
ya the problem if i go with the first emploery, which would be a quite normal the chanes of visa approval would be very slim, and if i go through CTS really things might be different, that'ss the reason i was thinking to convert the petition employer to cts....

[mavrikicecool]

Ya i know, but at this moment, with the current visa stats at indian embassies, i have no other choice left but to go with this one.

[pdfeb09]

Ya i know, but at this moment, with the current visa stats at indian embassies, i have no other choice left but to go with this one.

Unless you have an approved petition that was filed by CTS on your behalf, you will be denied a visa to work for CTS when you go to the embassy.

If you have an approved petition, filed by some other employer, then your best chance of getting a visa is by sticking with that employer and using that company at the embassy.

Anything else will definitely get you a visa rejection and may land you in legal trouble with the USCIS.

Of course, you should consult an attorney for advice.

[mavrikicecool]

what i have heard is the by further processing with uscis, the employer name can be changed to cts. thats what is my question.i am hearing this from few sources but no confirmation and written evidence from anywhere....

[pdfeb09]

what i have heard is the by further processing with uscis, the employer name can be changed to cts. thats what is my question.i am hearing this from few sources but no confirmation and written evidence from anywhere....

This is going to be my last post on the topic.

You, or anyone else, cannot simply change the name of the employer after the petition has been approved for the said employer.

As GC0907 mentioned before, you can transfer from one employer to the other, IF AND ONLY IF, you have approved petitions from both the employers.

You need to get more information about the "further processing with USCIS" from the "few sources" that you are "hearing this from". I would discourage you from taking any steps in a hurry based on the half-baked information and that includes the information coming from me :).

[qesehmk]

This thread is now closed since the user is looking for information about potentially illegal ways to obtain visa. This website and its community can't encourage or support such things.