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Immigration Issues/H1 transfer before stamping


Hello Sir,

I have H1B approval from 2007 quota(april-2007) through an employer-A (USA).  But I didn't go for stamping and never traveled to USA till now. Now my current employer B wants to send me USA (company B's headquarter is in USA).

Company B wants to use the same approval for it.

Which would be safest way to get it done?

Can company B get h1b transferred before stamping?
If yes, will company A come to know about the same?

Please help me.


Hello Ajay:

You cannot transfer your H1B until your start date. It seems that you never worked for the initial employer. Company B will have to file a new application, subject to the annual quotas.


Annick Koloko, Esq.

(716) 200-1720

Immigration Issues

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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