H1B Approved but stamping pending

[Pragati Soni 4]

My H1 VISA is approved but the employer has delayed stamping.

Can my employer take my approved petition and substitute by another employee's name without my consent?

Edited October 16, 2014 by Pragati Soni

[jan22 2,901]

To clarify -- I believe you are saying the H1B PETITION was approved, not the visa. You haven't applied for a visa, right?

Whether the employer can substitute someone depends on how the petition was filed. If it was for an unnamed worker (very rare for an H1b), then, yes, they can. If it has your name, they cannot substitute anyone else. However,t it does not mean that they have to go ahead and employ you if their intent or the circumstances of the business have changed. Unless they plan for you to come to the US and work in the position for which they submitted the petition, they do no have to provide you the approved I-797 for you to use to get the visa.

[Pragati Soni 4]

To clarify -- I believe you are saying the H1B PETITION was approved, not the visa. You haven't applied for a visa, right?

Whether the employer can substitute someone depends on how the petition was filed. If it was for an unnamed worker (very rare for an H1b), then, yes, they can. If it has your name, they cannot substitute anyone else. However,t it does not mean that they have to go ahead and employ you if their intent or the circumstances of the business have changed. Unless they plan for you to come to the US and work in the position for which they submitted the petition, they do no have to provide you the approved I-797 for you to use to get the visa.

[Pragati Soni 4]

To clarify -- I believe you are saying the H1B PETITION was approved, not the visa. You haven't applied for a visa, right?

Whether the employer can substitute someone depends on how the petition was filed. If it was for an unnamed worker (very rare for an H1b), then, yes, they can. If it has your name, they cannot substitute anyone else. However,t it does not mean that they have to go ahead and employ you if their intent or the circumstances of the business have changed. Unless they plan for you to come to the US and work in the position for which they submitted the petition, they do no have to provide you the approved I-797 for you to use to get the visa.

[Pragati Soni 4]

Is it possible for you to get it transfer to another employer and then get my stamping through a new empler while I am in India?

Is it possible for you to get it transfer to another employer and then get my stamping through a new empler while I am in India?

[Mollie09 1,543]

No, it is not. Petitions are employee-, employer-, and location-specific and if any of those things change, you need to start the process over for a new petition.

The good news is, you're probably cap-exempt.

[Pragati Soni 4]

Hello,

Thanks for your advise in advance.

I am working in India. My H1 was approved last year however it was not stamped. Now I want to know what should be the best case. Just fyi, I got married recently and my husband is a green card holder.

Please go thru the below options, I have and provide your views...

1. If my H1 is in approved status and I leave the job so that I can move to US on the visitor VISA for time being, will my petition will be vaild?

2. If my company get it stamped and I move to USA after leaving my job(Ofcourse after paying a few thousand dollars to my company in lieu of stamping). Can it be transferred.

I don't have US pay stubs thats also a problem.

Please guide.

Thanks,

Pragati

[markanderson 0]

My H1 VISA is approved but the employer has delayed stamping.

Can my employer take my approved petition and substitute by another employee's name without my consent?

See above in your thread...

This is my opinion... not a legal advice....