H1B expired Petition Transfer from Employer A to Employer B

[jamunadevivijayan]

Hi Team,

I work for a MNC (Employer A) and they filed an H1B petition for the year 2015-2016. The petition was APPROVED and the petition was valid for 1 year till September, 2016. The project for which I was nominated is no more with Employer A, now the petition has expired and I didn't appear for VISA interview and stamping.

Now the petition has expired and the visa is still not stamped.

I have dropped my papers with Employer A and have joined Employer B.

1.) Is the petition still valid ? Can this petition be used in the future and does it come under CAP exemption ?
2.) Can I do a petition transfer from Employer A to Employer B ?
3.) If the petition is valid for how many years it is valid ?
4.) If I rejoin Employer A after 1 year can I use the same petition and appear for stamping ?

Request you kindly to do the needful.

Thanks
JamunadeviVijayan

[raghvi]

Hi Team,

I work for a MNC (Employer A) and they filed an H1B petition for the year 2015-2016. The petition was APPROVED and the petition was valid for 1 year till September, 2016. The project for which I was nominated is no more with Employer A, now the petition has expired and I didn't appear for VISA interview and stamping.

Now the petition has expired and the visa is still not stamped.

I have dropped my papers with Employer A and have joined Employer B.

1.) Is the petition still valid ? Can this petition be used in the future and does it come under CAP exemption ?
2.) Can I do a petition transfer from Employer A to Employer B ?
3.) If the petition is valid for how many years it is valid ?
4.) If I rejoin Employer A after 1 year can I use the same petition and appear for stamping ?

Request you kindly to do the needful.

Thanks
JamunadeviVijayan

1. Petition is tied to a location, employer, and client (if applicable). But cap exemption is just tied to you already counted in the H1 cap. So if you changed employer you cannot use the same petition, but use the petition to claim cap exemption and get a new petition approved.
2. Technically there is no "transfer" B files their own petition , but since you are already cap counted no need to go through lottery again.
3. Read answer 1.
4. Yes, if the same project, location and client are still there.

This is my opinion not legal advice.