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H4 to H1 -I94 Missing-221g running-H1 Transfer possible?

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  • H4 to H1 -I94 Missing-221g running-H1 Transfer possible?

    Dear All,

    I was on H4 status when my employer filed my H1B in April 2016 and it was approved without I-94 so as per employer advise I traveled to India for stamping in August 2017 and received 221g and VO did not ask for any documents till now.
    After that I went for H4 stamping received 221g again and after 20 days H4 visa got approved and traveled on H4 to USA on Jan 1st 2018.

    And my employer suggesting me to transfer my H1B to another employer as he is not confident enough to support my case(based on prior experience with similar situation).

    Below are my concerns:

    I do have my petition, but no work experience in USA so no pay stubs.

    1.Am I eligible for cap exempt in this case or need to file a fresh H1B?

    2.Can I transfer my H1 to another employer , while 221g is running?
    a) If yes can I file for a COS by staying here ( consular process to COS )?

    Please advice.

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