Can I transfer my H1 in this status ?

[Johny292]

Hi,

Looks like this is a very typical case. I came to India for first time H1 VISA stamping in Feb'09. US Embassy asked me internal project description which I didn't have then they slapped me with 221g.

Now, I have my H1 approval with company A but not stamped & US Embassy said I don't need to take another appointment 'coz I only have to post the 221g docs to vfs.

My company in US is dealing with its own issues right now & doesn't seem to be able to send the documents asked in 221g.

My Question is, can I transfer my H1 to company B and take a new appointment for stamping ?

What other options do I have, if any ?

[txh1b]

Possible to change to a new employer using the already approved H1b cap number. Read the FAQs.

[bjrp2009]

to txh1b:

Can the transfer happen, even if he's in India?

[txh1b]

Did you read the FAQs?

Yes, a transfer is nothing but a new H1b that is not subject to cap if one was already cap counted. "Transfer" term does not exist in the official books as there is nothing being transferred. Each H1b petition is independent.