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Stamped H1b Transfer without I797 and never traveled

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  • Stamped H1b Transfer without I797 and never traveled

    Hi,

    I am currently in a big fix. I know parts of my questions have been answered in previous threads but i could not find any thread exactly related to my case. Hence, posting in a new thread.

    Company A had filed for H1B visa for myself and it got approved. I have got I797, I129, LCA, etc from company A. Later Stamping was also done while i was working with company A, but due to some reasons i could not travel to USA.

    When i switched from Company A to company B, company A took the original I797 back from me and in my shifting process i lost the copy of I797. However, i have the copy of all other documents, i.e. I129, LCA, DS-160. Visa stamp is also there on my and my wife's passport which says that it is valid till Aug,2016.

    Now, i want to get my H1B transferred to Company B, but i am in a fix as i do not have a copy of I797 and as i have never traveled on that visa, i do not have I94 as well. Also, when i inquired about my Visa petition status from Company A, it is displaying as Revoked in 2014.

    I want to know below things,

    1. if the VIsa Stamps on my and my wife's passport are still valid or not even if petition status is revoked?
    2. How can i get my visa transferred to company B (cap exempt) without I797 or I94?
    3. Is it mandatory to get it transferred (cap Exempt) before my current visa stamp expires or can be done even after that?
    4. What all documents need to be presented for H1B transfer in this particular case where i do not have I797 or I94?

    Looking for urgent replies.

    Thanks & regards,
    Nitin

  • #2
    Originally posted by NitsSharma85 View Post
    Hi,

    I am currently in a big fix. I know parts of my questions have been answered in previous threads but i could not find any thread exactly related to my case. Hence, posting in a new thread.

    Company A had filed for H1B visa for myself and it got approved. I have got I797, I129, LCA, etc from company A. Later Stamping was also done while i was working with company A, but due to some reasons i could not travel to USA.

    When i switched from Company A to company B, company A took the original I797 back from me and in my shifting process i lost the copy of I797. However, i have the copy of all other documents, i.e. I129, LCA, DS-160. Visa stamp is also there on my and my wife's passport which says that it is valid till Aug,2016.

    Now, i want to get my H1B transferred to Company B, but i am in a fix as i do not have a copy of I797 and as i have never traveled on that visa, i do not have I94 as well. Also, when i inquired about my Visa petition status from Company A, it is displaying as Revoked in 2014.

    I want to know below things,

    1. if the VIsa Stamps on my and my wife's passport are still valid or not even if petition status is revoked?
    2. How can i get my visa transferred to company B (cap exempt) without I797 or I94?
    3. Is it mandatory to get it transferred (cap Exempt) before my current visa stamp expires or can be done even after that?
    4. What all documents need to be presented for H1B transfer in this particular case where i do not have I797 or I94?

    Looking for urgent replies.

    Thanks & regards,
    Nitin

    Hi,

    1. if the VIsa Stamps on my and my wife's passport are still valid or not even if petition status is revoked?
    Visa is still valid but if u want to travel, u need to show new & valid I797 in port of entry.
    2. How can i get my visa transferred to company B (cap exempt) without I797 or I94?
    I think they can process u new petition based on the case number which wll b displayed in ur visa. Get this information from ur new employer
    3. Is it mandatory to get it transferred (cap Exempt) before my current visa stamp expires or can be done even after that?
    U can transfer even after ur visa expires. ur case comes under cap exempt.
    4. What all documents need to be presented for H1B transfer in this particular case where i do not have I797 or I94?
    Contact any employer who is ready to process u new petition, they will get these details from their attorney.

    This is my opinion not legal advice.

    Thanks,
    Rajesh

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