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H1B 797 A Approval Notice (Validity: Dec 2010 till March 2013).

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  • H1B 797 A Approval Notice (Validity: Dec 2010 till March 2013).

    Dear All,

    Need advice. My H1B 797 A Approval Notice (Validity: Dec 2010 till March 2013). This was filed by Infosys. I quite Infosys while in US and joined IBM India directly in Mar 2011 and from that time staying & working out of India only. Questions:

    1) Can I initiate H1B transfer now so that I do not have to follow the entire process of lottery again & that too considering it will happen only next year?

    2) Is it possible that IBM files H1B transfer from Infosys and my case will pass & visa will be granted. Am I talking something which is done quite often considering the approval has expired.

    Please let me know your expert advice.

    Regards,
    Amitava Chakrabarty.

  • #2
    H1B 797 A Approval Notice (Validity: Dec 2010 till March 2013).

    Your approved H1 petition is valid for 6 years and it will be considered as CAP exempt., so, Any employer can apply transfer/new petition based on the approved petition and you don't have to go through the lottery process as it is a CAP exempt petition.

    This is my opinion.

    Comment


    • #3
      Originally posted by kadkhiq81 View Post
      Your approved H1 petition is valid for 6 years and it will be considered as CAP exempt., so, Any employer can apply transfer/new petition based on the approved petition and you don't have to go through the lottery process as it is a CAP exempt petition.

      This is my opinion.

      kadkhiq81... Thank you for replying. I hope the validity of 6 yrs is from the end date & not start date. Please confirm my understanding if you are aware.

      Comment


      • #4
        Hi

        1) Can I initiate H1B transfer now so that I do not have to follow the entire process of lottery again & that too considering it will happen only next year?
        Yes, the company that you are working for can initiate the H1 transfer and you will not have to go through the process of lottery
        Also, the good part is that this transfer is not time bound which means they can even do it now or anytime ..they dont have to wait for april 2015.

        2) Is it possible that IBM files H1B transfer from Infosys and my case will pass & visa will be granted. Am I talking something which is done quite often considering the approval has expired.
        This is done very often, and you shouldnt face any issues

        Originally posted by chakse View Post
        kadkhiq81... Thank you for replying. I hope the validity of 6 yrs is from the end date & not start date. Please confirm my understanding if you are aware.
        The validitiy is from the start date. basically you can have 6 full years of H1 even if it is in parts. so the period that you were not in USA on H1 will not be counted in the six years.

        Regards
        SangeetaL
        Sr, Counselor
        Allied Visa Services

        Comment


        • #5
          Originally posted by sangeetaL View Post
          Hi

          1) Can I initiate H1B transfer now so that I do not have to follow the entire process of lottery again & that too considering it will happen only next year?
          Yes, the company that you are working for can initiate the H1 transfer and you will not have to go through the process of lottery
          Also, the good part is that this transfer is not time bound which means they can even do it now or anytime ..they dont have to wait for april 2015.

          2) Is it possible that IBM files H1B transfer from Infosys and my case will pass & visa will be granted. Am I talking something which is done quite often considering the approval has expired.
          This is done very often, and you shouldnt face any issues


          The validitiy is from the start date. basically you can have 6 full years of H1 even if it is in parts. so the period that you were not in USA on H1 will not be counted in the six years.

          Regards
          SangeetaL
          Sr, Counselor
          Allied Visa Services
          Sangeeta --- This definitely helps me in understanding. So if I want to go & work in US in 2016.. I can do so as long as my h1 has not completed total 6 yrs of stay in US starting from start date of validity. that means it will be valid till Dec 2016 since start date is Dec 2010. If I go for stamping on say Nov 2016, they will not allow me to stamp, is it? or is it the case that my visa will get extended for 6 more yrs. Pls confirm my understanding.

          Comment

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