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H1 Transfer before joining the original petitioner
Dear members,
I have seen so many questions related to H1 Transfer from India (before joining the original petitioner).
My case is ,
1. New company in US has sponsored H1 in 2014. Its approved and visa stamped. Not traveled yet due to unforeseen reasons.
2. Now i want to transfer this to new Employer.
My understanding was that we can find a new employer from India and they can file a new petition. Once the new petition gets approved, i can travel to US (with old stamping as it is valid till 2017) to join the new employer.
Recently i came across a thread where i read that "but off late there have been RFEs/denial for such a transfer saying that one is not considered cap exempt till one actually joins the original employer who filed the petition".
I am kind of confused after reading this.
Is this applicable to my case as well? please help
This is the link .
I have seen so many questions related to H1 Transfer from India (before joining the original petitioner).
My case is ,
1. New company in US has sponsored H1 in 2014. Its approved and visa stamped. Not traveled yet due to unforeseen reasons.
2. Now i want to transfer this to new Employer.
My understanding was that we can find a new employer from India and they can file a new petition. Once the new petition gets approved, i can travel to US (with old stamping as it is valid till 2017) to join the new employer.
Recently i came across a thread where i read that "but off late there have been RFEs/denial for such a transfer saying that one is not considered cap exempt till one actually joins the original employer who filed the petition".
I am kind of confused after reading this.
Is this applicable to my case as well? please help
This is the link .
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