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H1B Petition Transfer under CAP Exempted Quota

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  • H1B Petition Transfer under CAP Exempted Quota

    I had filed my H1B petition in Apr'2007 through a consultancy for FY2008 and my VISA got Stamped in Jan'2008. Original Petition was valid till Sep'2010. I travelled to USA during Apr'2008 and back to India by July'2008.

    Would it be possible for me to transfer my Expired H1B Petition to a new employer ? Is there any time bound for H1B Transfer under CAP exempt Quota ?

    Need experts opinion on this.

    Thanks,
    Skum

  • #2
    Originally posted by skum_5 View Post
    I had filed my H1B petition in Apr'2007 through a consultancy for FY2008 and my VISA got Stamped in Jan'2008. Original Petition was valid till Sep'2010. I travelled to USA during Apr'2008 and back to India by July'2008.

    Would it be possible for me to transfer my Expired H1B Petition to a new employer ? Is there any time bound for H1B Transfer under CAP exempt Quota ?

    Need experts opinion on this.

    Thanks,
    Skum
    I dont think the petition end date matters. If cap counted one can decide to remain cap exempt for next 6 Years. If traveled to US and not used entire 6 Years one can file cap exempt H1 for 6 Years from last held h1 status. As you were on H1 in July 2008, you pretty much have time till only July 2014 to re file using the same petition.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      I dont think the petition end date matters. If cap counted one can decide to remain cap exempt for next 6 Years. If traveled to US and not used entire 6 Years one can file cap exempt H1 for 6 Years from last held h1 status. As you were on H1 in July 2008, you pretty much have time till only July 2014 to re file using the same petition.

      This is my opinion not legal advice.
      Hi Raghvi,

      Thanks for your advice. You mean to say H1B petition transfer process need to be started before July'14. Also I don't have US Paystubs for the period stayed over there. Is it mandatory for transfer. Please advise.

      Thanks,
      Skum

      Comment


      • #4
        Please update me its comes under CAP Exempted Quota..

        Hi All,

        I have got approval H1B and H4 for my wife in 2007 December and i went USA in 2008 May and return in October 2008 and then never went.
        I got my SSN also at that time.

        Now my question is the same H1B is valid now? or i have to apply new or we can renew same H1B .

        When i took H1B it was 3 years ...and possible to extend 3 more years but i did not went after oct 2008 is possible to do renew with same H1B change employer .

        Please advise.

        Thanks,
        Hari

        Comment

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