H1B Transfer query

[naikpradip]

Hi,

I am currently in India. My current employer had filed petition for H1B last year -2008 and it has got approved from USCIS. Stamping is still pending and not done by my current employer. The petition is active Oct-2008 onwards.

My question is can any other company use this approved petition and do the stamping? If yes, what is the process?

If Not, then can other employer file new petition this year -2009 as well in spite of the fact that there already exists an approved petition for me since 2008? Would there be any complications in doing so?

Please guide.

Thanks,
Prad

[martinvisalaw]

Your question is a bit confusing. You call the H-1B petitioner your "current employer" yet it seems as though you have not worked for them in the US. In that case, you could use the same approval to get a H-1B visa, however I recommend bringing updated evidence that there is still a position available for you. Since it has been well over a year since they filed the petition, the consulate might question whether the job still exists.

You cannot use this approval to get a visa to work for another employer. The approval is just for the specific employer. A new employer would need to file a new H-1B petition for you.