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Regarding H1B Transfer.

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  • Regarding H1B Transfer.

    I am working in india for Indian company "A". I got offer from US employer 'B'. B applied for my H1b visa in 2011. It got approved and got it stamped in Oct 2011. It is valid (visa and I797) till March-2014. I did not joined the US company B. and did not travlled on H1 visa

    I am still working with company "A". Now my company "A" wants apply H1B for me.
    1. Do "A" need to apply for fresh H1b. or only transfer petition is sufficient ?

    2. if A apply for transfer petition. Will this come under H1b cap ?

    3. After transfer petition got approved, Do i need to go for stamping again ? before travel to US.

    Pls some one reply.

  • #2
    A can file a cap-exempt petition for you. You can use the same Visa and new petition to travel to US and work for A.
    This is my opinion and not legal advice.

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