H1B out of cap transfer

[karupps88]

Hi All,

I have a H1B extension valid till Oct-2015 with Employer A, but the stamping is expired already. I had quit Employer A and joined Employer B (in India) an year ago. No transfer/out-of-cap has been done by the Employer B for my H1B.

Now, I'm getting an offer from Employer A (my old employer) with a potential US opportunity. They promised an out-of-cap transfer after I join them. I have a couple of questions relating to the same. Need your valuable inputs.

1. Can the Out-of-cap transfer be immediately done after I join Employer A?. I mean is there any lead time required to get documents (like pay slip, etc) which might delay the filing?
2. Since I was with Employer A and got a VISA from them and now going back to the same Employer for an out-of-cap H1, any chance of denials for petition/stamping?

Regards,
Karups

[vishal27580]

1. Can the Out-of-cap transfer be immediately done after I join Employer A?. I mean is there any lead time required to get documents (like pay slip, etc) which might delay the filing?
H1B filling will be done by US BASED Location and not India based location. So you don't need to wait to join them in India. H1B under cap exemption can be done any time and by any employer If you have approved, non used H1B petition in last 6 years.
2. Since I was with Employer A and got a VISA from them and now going back to the same Employer for an out-of-cap H1, any chance of denials for petition/stamping?
Approval and Denials has nothing to do with it. All they need is proper documents and all evidence.

[karupps88]

Thanks for the input.

One more question - Any information on how much approx. time it takes for an out-of-cap petition (premium) to be approved?

Regards,
Karups

[vishal27580]

I think not more than 15 days. Premium process time is same for H1 and L1 Visa

Thanks for the input.

One more question - Any information on how much approx. time it takes for an out-of-cap petition (premium) to be approved?

Regards,
Karups