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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Default Is H1 Transfer Possible Without Even Visa Stamped

    Hello,
    I got my H1 approval (I797 doc) last year (August, 2008 valid till Oct 2011) [Note: it was NOT cap exempt.]

    After getting approval my employer told me they are facing problem finding work for their existing employees therefore they are not sharing stamping documents with me until the situation gets better. This means they are not calling any new person to US on H1. So I never applied for H1 visa and I am still working in my home country.

    My questions are:
    1- Can I find some new employer now and ask him to transfer my H1? (I just have canned copy of my I797 document with me. Not even the original).

    2- Would it be treated as H1 transfer or as a new H1 request?

    3- If its new H1 request, then would I need to be selected through balloting once again? or is it cap exempt this time?

    4- If it is cap exempt then should I must apply for H1 before April 1? Or I can apply anytime during the year?

    Thanks a lot for your help and advice.

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

    Default Re: Is H1 Transfer Possible Without Even Visa Stamped

    You can't transfer an H1B if you're not in status. You can seek a new employer who can apply for an H1B for you. From what you say, you've already been counted against the cap.

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Is H1 Transfer Possible Without Even Visa Stamped

    On this website, I have gone through several threads where some1 was telling that H1 application is CAP exempt if it has been counted against a CAP in the last 6 years. Not sure if that applies to my case as well.

    Thanks for your help.

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