H1B visa transfer to another employer if my existing H1B visa is cancelled

[mitun]

Hi,

I am from India and I was issued an H1B visa to work in the US by an employer "A" in Oct 2005. Visa is valid till June 30 2008.I got it stamped without any issues at an Indian consulate office in Sept 2006.

However, due to some personal reasons,I could never go the US to work on this visa.And now that I want to go to the US on H1B, my employer "A" claims that he has already cancelled my visa.I checked from the USCIS website, but it does not say that my visa is cancelled.Instead,it says "Current Status: Approval notice sent."

According to some US based attorneys,whom I had discussion with,the USCIS website is always not updated to show the latest status. I have not been able to confirm the current status of my visa.

Then I happened to approach one of the employers in the US,employer "B", and as per him, my existing visa could still be transferred to his company even if my H1B visa is cancelled.

He says that I would get a new petition (I797 document, I129 doc,etc ) once the transfer is done.Then I need to go for a fresh visa stamping to a consulate in India.After that,I can very well fly to the US and work on this new H1B which would be granted a new validity period of about 3 years from the date of stamping.

My questions:

1.Is this visa transfer, which emplyer "B" is telling about, technically feasible?Will there be any issues at any end?Can i just go ahead and get the transfer done through employer "B"?
Please advise.

2.Also, isn't there anyway I can come to know the current status of my H1B visa?

Thanks a lot in advance!

Regards,
Mitu

[orion]

Call USCIS for the current status.
B might be talking about a new H1 but you since you had an H1 in last 6 years, you will not be counted against the cap.
Wait for reply from other senior memebers too.

[waitin_toolong]

employer B is correct and if A is not offering a job then it does not matter if H1 is canceled or not

[mitun]

Status of my H1B visa

waitin_toolong ,
Thanks for the response..!
As per your knowledge, do u think i do not come under H1B cap as orion is mentioning?

Orion,
I tried calling up USCIS on their hotline number...but even they could not tell me about whether my visa is cancelled or not.


Can anyone please tell me how do i know the current status of my H1B visa?

Regards,
Mitu

[786]

about your h1 b visa

mitun,

lets discuss on email , please note down my email address [email protected]

[novice2007]

let's be open

Hi Mr./Ms. 786

For reasons unknown to me, I am intrigued by replies of certain forum members, like 786.

Forum is to help each other to resolve certain anxieties that arise out of visa related issues.

Why ask a member to contact through email address, when the forum is open.

And if issues are discussed in the forum, many would benefit from the same.

May be I am dumb not to understand why certain forum members can not suggest a solution over this forum board.

Interesting