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H1B Transfer process - Not yet travelled to USA anytime

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  • H1B Transfer process - Not yet travelled to USA anytime

    Hi,

    I have H1B approved petition (lottery system 2013) along with visa stamping done in Nov'13. I left the employer 'A' in India after a year and never travelled to USA till date.
    I joined another employer 'B' in India. Now employer 'B' is ready to transfer the H1B. But my I797 and visa stamping dates are till Feb'15.

    My questions is -

    1) Is only visa transfer needs to be done or H1B extension also required.
    2) my employer told me that my case will be put as out of cap process, what are the chances of getting visa transfer / extension ?
    3) my employer told that, previous employer has revoked the petition, what is impact of that in getting visa transfer / extension ?

    Please note that I am still in India and never travelled to USA till date.

    Kindly let me know.

    Thanks in advance.

  • #2
    1) Is only visa transfer needs to be done or H1B extension also required.
    >>> H1B petition need to be transferred first. Once the petition gets approved, you will need to get the visa stamped based on that petition (assuming your previous H1B visa already expired).

    2) my employer told me that my case will be put as out of cap process, what are the chances of getting visa transfer / extension ?
    >>> Predictions cannot be made.

    3) my employer told that, previous employer has revoked the petition, what is impact of that in getting visa transfer / extension ?
    >>> No impact.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin for your reply.

      Few clarifications -

      1) Am I eligible for out of cap process as I have not yet travelled to USA yet ?
      2) I have only I797 copy and visa stamp on my passport, are these documents sufficient for transfer process ? or any other document required ?

      Thank you for your help.

      Comment

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