Can we process parallel, H1B petition approved long back 2011 in two company

[123bharathi]

My H1B petition got approved with my previous employer (I129) on 21-Jan-2011 and still the status in USCIS shows as Approved status (which means still active). My visa was not stamped till now and only i hold I797B form with petition number with me till now and I never travelled to US in H1B till date. But 3 times travelled in B1 and my B1 is valid till mid of 2017.

My Current employer is willing to do transfer of H1B petition and then go for visa processing.

Question: But My current employer looks like will take more time say around february of 2017 to initiate the process. In this situation can I go with any other employer or consultant in parallel to do transfer of H1B and then visa processing in parallel.

1. Also, will i be eligible for CAP exemption?
2. Basically i need to utilize these petition in some way. So please advise whether I can do the petition processing with current employer and any other employer parallel.

Please note i am in India currently.

[speedracer]

My H1B petition got approved with my previous employer (I129) on 21-Jan-2011 and still the status in USCIS shows as Approved status (which means still active). My visa was not stamped till now and only i hold I797B form with petition number with me till now and I never travelled to US in H1B till date. But 3 times travelled in B1 and my B1 is valid till mid of 2017.

My Current employer is willing to do transfer of H1B petition and then go for visa processing.

Question: But My current employer looks like will take more time say around february of 2017 to initiate the process. In this situation can I go with any other employer or consultant in parallel to do transfer of H1B and then visa processing in parallel.

1. Also, will i be eligible for CAP exemption?
2. Basically i need to utilize these petition in some way. So please advise whether I can do the petition processing with current employer and any other employer parallel.

Please note i am in India currently.

You will not be CAP exempt starting Jan 21 2017 because your 6 year time limit to utilize any unused days on your visa will expire. Try to talk to your employer via an immigration attorney that if they dont file for a transfer on time, they might lose you as an employee because you will have to go through the lottery. Sell yourself to them to secure your future.

You can go with another consultant to file for a transfer but you are stepping into unchartered territory and there will be too many moving pieces. Be smart and work it out with your employer to get the visa stamped. Your start date can be anything.

[123bharathi]

Is Cap exempt is calculated on approved date or Expiry data of petition?

You will not be CAP exempt starting Jan 21 2017 because your 6 year time limit to utilize any unused days on your visa will expire. Try to talk to your employer via an immigration attorney that if they dont file for a transfer on time, they might lose you as an employee because you will have to go through the lottery. Sell yourself to them to secure your future.

You can go with another consultant to file for a transfer but you are stepping into unchartered territory and there will be too many moving pieces. Be smart and work it out with your employer to get the visa stamped. Your start date can be anything.

Thanks for your time. One more doubt: Is my CAP exempt is till Jan 21 2017 or its till Jan- 2019 ? Because i heard that validity for CAP exempt is from Petition expiry date which in my case is 2013, So from there 6 years will be - till 2019.
Please correct my understanding.

If Jan 2017 is last then what will happen to my petition. will be invalid or still i can utilize in any sense. Please explain that too.
Thanks in advance.

[speedracer]

Thanks for your time. One more doubt: Is my CAP exempt is till Jan 21 2017 or its till Jan- 2019 ? Because i heard that validity for CAP exempt is from Petition expiry date which in my case is 2013, So from there 6 years will be - till 2019.
Please correct my understanding.

If Jan 2017 is last then what will happen to my petition. will be invalid or still i can utilize in any sense. Please explain that too.
Thanks in advance.

Once again, your notice date, i.e the date on which USCIS approved your petition is irrelevant when considering recapture. The only date that matters is your petition validity. What is the start date on your petition? It should be on the bottom left of the approved I797. If this is Jan 2011 then you still have a few months to file a transfer. If not, you might not be able to recapture the unused H1B days.