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What happens to your old petition(previous company) when you take a transfer to other company(new petition) ?

Chicago, IL |

I got 221 g case in old petition during h1b stamping and it was pending since almost 1.5 years. Than I decided to take transfer into new and better company from which I got h1b stamping successfully. And now I am in US working with new employer.
So my question is:
1. What happens to my old petition which was pending in USCIS ?
2. Will and how my previous employer will get notified that I took transfer ?
3. Is there anything I need to worry about from my old employer ?

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Attorney answers 3


1. If it was a transfer, and not a new visa, then nothing needs to happen to the old H1b.
2. There won't be any notice.
3. Perhaps, if you had some contract with them with liquidated damages for example.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


I agree with Atty Berman.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


This does not appear to be a 'true' transfer.

Talk to your new employer's immigration lawyer. As a professional courtesy he/she should notify the lawyer for the old company.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.