Hi Stamping Delayed

[Sonika]

Hi,
I did my masters in USA and worked on OPT for 29 month then i applied for H1b in april 2013 and got approval. i started working on Oct 2013. i worked till Nov 2013 then i visited to India for my wedding and visa stamping. But after my wedding i moved to Australia. now i want to move back to USA. So my question is as my h1b is valid till october can i go for stamping now?
P.S- i am not working since December 2013.

[raghvi]

Hi,
I did my masters in USA and worked on OPT for 29 month then i applied for H1b in april 2013 and got approval. i started working on Oct 2013. i worked till Nov 2013 then i visited to India for my wedding and visa stamping. But after my wedding i moved to Australia. now i want to move back to USA. So my question is as my h1b is valid till october can i go for stamping now?
P.S- i am not working since December 2013.

What do you mean your H1B is valid till October? What is the start date and end date on your I797? Are you planning to work for the same employer?

[Sonika]

Hi Raghvi Ji,

My H1b Start date was Oct-01-2013 and it is valid till Sept-30-2014. I am planning to join new employer( H1b transfer). What are the chances?

[raghvi]

I still did not understand. Nonetheless, using the already approved H1 petition as base, any employer can file a cap exempt petition of their own and once that is approved, you can use the new I797 generated for the new employer to schedule a Visa interview, and if approved by the consulate you would get a new visa stamp in the passport. The success chances depend upon the genuineness of the new employer and their ability to provide good work and suitable pay to you.

This is my opinion not legal advice.

[Sonika]

I still did not understand. Nonetheless, using the already approved H1 petition as base, any employer can file a cap exempt petition of their own and once that is approved, you can use the new I797 generated for the new employer to schedule a Visa interview, and if approved by the consulate you would get a new visa stamp in the passport. The success chances depend upon the genuineness of the new employer and their ability to provide good work and suitable pay to you.

This is my opinion not legal advice.

Thank you Raghvi Ji!

you have answered my question.Thats all i wanted to know. really appreciate.