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  1. #1
    Join Date
    Apr 2007
    Posts
    8

    Question Transfer Of An Old H1 Visa

    Hi,

    Mine is a very peculiar case and need advice.

    Company A applied for my H1 in August 2005 for FY2006.
    Got the approval but didn't chnage my status to H1 as i never went for stamping.
    I came to USA in Sep 2005 (before approval of H!) on L2. Applied for EAD.
    Now working for Company B as direct full time employee.

    Company B applied for H1 on April 02 2007. Bad luck, i didn't get selected in lottery.
    My question is:

    1. Can I use the approval from Company A and transfer to Company B.

    2. If transfer is possible, Would I have to go for stamping to get the change of status.
    Or is there a provision to get a new I-94 with change of status?

    thanks,
    Laxmi

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Transfer Of An Old H1 Visa

    You never got your H1b stamped, and never started working under your H1b, so it can't be transferred.

  3. #3
    Join Date
    Apr 2007
    Posts
    8

    Default Re: Transfer Of An Old H1 Visa

    hi,

    Can I use the approval papers and apply for new H1B without being counted for the cap.

    Thanks,
    Laxmi

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Transfer Of An Old H1 Visa

    A New H1 visa is just that - a new visa. The cap would apply to the application for a new visa.

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