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Cap-exempt H-1B to Cap trasfer and Visa Stamping

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  • Cap-exempt H-1B to Cap trasfer and Visa Stamping

    I am currently working for Employer 'A' with a cap-exempt H-1B visa. My current Visa stamp expired in May 2011. I am planning to travel to India in mid-August to get a fresh Visa stamp with this employer's I-797 which is valid through 2013 and try to re-enter US in September first week.

    If another "for-profit" Employer 'B' decided to sponsor H-1B under 2012 cap, how will it affect my current status with my current non-profit employer. Specifically:

    1. If company 'B' files for cap H1-B before my Visa interview in India, is there a possibility of negative outcome due to this application (depending on if it has been approved or is pending)?

    2. If I manage to get a Visa stamping for company 'A' from US consulate in India and company 'B' files for cap H-1B (and possibly approved) before I re-enter US, would that cause problems at port of entry with CBP when I try to enter in early September.

    3. Can I still work for Employer 'A', on cap-exempt visa, after the Cap H-1B for Employer 'B' is approved?

    4. Do I need to get a new H-1B stamp for Employer 'B' since the existing stamp would be for Employer 'A' with Cap-exempt H-1B?

    Thanks for your help.

  • #2
    1. If company 'B' files for cap H1-B before my Visa interview in India, is there a possibility of negative outcome due to this application (depending on if it has been approved or is pending)?
    >>> Not an issue. It will not have any impact.

    2. If I manage to get a Visa stamping for company 'A' from US consulate in India and company 'B' files for cap H-1B (and possibly approved) before I re-enter US, would that cause problems at port of entry with CBP when I try to enter in early September.
    >>> No issues as long as you enter U.S with Company A's petition. Company B's petition will be effective only from Oct 1st.

    3. Can I still work for Employer 'A', on cap-exempt visa, after the Cap H-1B for Employer 'B' is approved?
    >>> Yes.

    4. Do I need to get a new H-1B stamp for Employer 'B' since the existing stamp would be for Employer 'A' with Cap-exempt H-1B?
    >>> No. You can enter U.S with any valid h1b visa and Employer B's petition. But you can enter only 10 days prior to the H1B petition effective date.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the quick response Shervin!

      If I understand this correctly, I could use the H-1B Visa stamp for the cap-exempt employer with the approved petition from the employer subject to Cap, till it's valid and travel with that?

      Comment


      • #4
        Yes.

        Originally posted by Socalister View Post
        Thanks for the quick response Shervin!

        If I understand this correctly, I could use the H-1B Visa stamp for the cap-exempt employer with the approved petition from the employer subject to Cap, till it's valid and travel with that?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks.

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