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H1B Transfer without Stamping,Revoking and the no.of prospect employers

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  • H1B Transfer without Stamping,Revoking and the no.of prospect employers

    Hi,

    Company A processed H1B in FY 2013 and the petition is also approved till August 2016 but visa stamping is not done and so I'm not sent to US
    I have only I-797 B & I-797 C scanned copies (xerox and not original)


    Queries :

    (i).Can new employer B initiate my H1B transfer under " cap-exempt petition " just with scanned copies alone without original hard copies ?

    (ii).Can my existing employer A know by any means of this H1B transfer with employer B?

    (iii).In case my existing employer A revokes \ withdraws \ cancells my petition before validity date (as found in I797),can still employer B initiate transfer under " cap - exempt petition"?

    (iv).In case my transfer is rejected with B,Can any other new employer initiate transfer ?

    (v).Even after expiring petition approval \ validity date (as found in I797) ,can any other employers still process under " cap - exempt petition"?

  • #2
    Originally posted by kullayee sharif View Post
    Hi,

    Company A processed H1B in FY 2013 and the petition is also approved till August 2016 but visa stamping is not done and so I'm not sent to US
    I have only I-797 B & I-797 C scanned copies (xerox and not original)


    Queries :

    (i).Can new employer B initiate my H1B transfer under " cap-exempt petition " just with scanned copies alone without original hard copies ?

    (ii).Can my existing employer A know by any means of this H1B transfer with employer B?

    (iii).In case my existing employer A revokes \ withdraws \ cancells my petition before validity date (as found in I797),can still employer B initiate transfer under " cap - exempt petition"?

    (iv).In case my transfer is rejected with B,Can any other new employer initiate transfer ?

    (v).Even after expiring petition approval \ validity date (as found in I797) ,can any other employers still process under " cap - exempt petition"?
    1. Yes, possible.
    2. Not unless you or your future employer tells them.
    3. Yes.
    4. Yes.
    5. Yes, 6 Years from original filed year or till USCIS revokes the petition.

    This is my opinion not legal advice.

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