H1-B transfer to another company after approval before stamping.

Quote:

Originally Posted by midart

My current company has applied for my H1B and it has been approved in Dec 2012. This is my 1st H1B visa and for 3 years. I have not yet got the stamp yet. It looks like my current company may collapse in the next 3 months ( hopefully not ).

I may have other companies in the US that will be willing to hire me for a fulltime position.
Is this possible to switch to another company before getting my 1st stamp? Do I have to apply for a fresh H1, or will I be able to come under the same cap of 2012 as its approved for my 1st company.

Are there any concerns of doing a change of status before getting my the stamp with the current company? Can you apply for change of status before entering the US?

midart,

Welcome to the forum.

I believe any new H1B would also come under the Cap and could only be applied for from April 1, 2013 for a start date of October 1, 2013.

Although you are already the beneficiary of an approved H1B petition, which normally exempts you from the Cap, INA 214(g)(7) states:

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Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations UNLESS the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed.

If you do not get the visa stamped and are also admitted to the USA in H1B status, you will still have the full 6 years available to you at the time any new H1B petition is filed for you - you therefore appear to fall under the exception above.

I'm sure others will give their views.