H1 Stamping Pending- Change of Employer

[sravan38]

Hi,
I got my H1 visa from my previous employer in March 2011. I have travelled in the same year and came back in 2012. Then, I switched my job in India and H1 transfer initiated. I got the new petition with revised valid date as Jul 31, 2014. Unfortunately, the stamping is not yet done. Now, if I switch my job, what will happen to my petition? When I file H1 from new employer, will that be cap exempt or not?

Thanks,
Sravan N

[raghvi]

Hi,
I got my H1 visa from my previous employer in March 2011. I have travelled in the same year and came back in 2012. Then, I switched my job in India and H1 transfer initiated. I got the new petition with revised valid date as Jul 31, 2014. Unfortunately, the stamping is not yet done. Now, if I switch my job, what will happen to my petition? When I file H1 from new employer, will that be cap exempt or not?

Thanks,
Sravan N

Once cap counted, you can choose to remain cap exempt for the next 6 Years.

This is my opinion not legal advice.