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  • Need immidiate response

    Hello,

    I would appriciate if some one can answer my questions. First let me explain my situation here.

    I was applied from an H1 through x company in 2008 and got approved and got stamped on my passport but due to the financial crysis my employer not asked me to come over there. so in this period I am continuing my work in my indian company. recently my indian company(Y) also applied H1 under excemption of cap counting using my I797 document and got approved in July 8th 2010. but now an another Z company is giving an offer for and they told like they can transfer my H1 so here i am getting some questions. so please help me on this.

    1. Is my x Company H1B still valied?
    2. Can I give the same X company I797 document to the Z company?

    Please suggest me how to fix this issue.

    Thanks,
    Ram

  • #2
    1. Is my x Company H1B still valied?
    >>> The validity (expiry date) of the petition can be found in the petition itself. You cannot use the petition from Company X to work for Company Y. However, you can use transfer that petition or use it to file a new petition under the same CAP.

    2. Can I give the same X company I797 document to the Z company?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you very much Shervin.

      Here I have few more questions. As I mentioned that I haven't used my H1 till now but got another H1. When the Y employer applied for H1 I gave my I797 document photo copy of the X Employer. So how can I know that my H1 was transferred or they applied for new H1 under not cap count, because I got an offer from Z company so can I use the X company I797 to land US, and is it possible to transfer my H1 to Z company immediately once I landed in US without pay slips. I would appreciate if you can help me to clarify the above questions.

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      • #4
        As I mentioned that I haven't used my H1 till now but got another H1. When the Y employer applied for H1 I gave my I797 document photo copy of the X Employer. So how can I know that my H1 was transferred or they applied for new H1 under not cap count,
        >>> You should check that with the employer to be more precise. One way is to check the start date on the approval notice that you received for employer Y? If it is OCT 1st, then it is on new CAP. If it is immediate, then it was on the existing CAP.

        I got an offer from Z company so can I use the X company I797 to land US,
        >>> Did you read my previous reply? You cannot use one one company's approval notice to work for another. If you no longer work for Company X, then that approval notice is of no use any longer and you cannot use that to travel.

        and is it possible to transfer my H1 to Z company immediately once I landed in US without pay slips.
        >>> Read the answer to the above question. You can travel without the knowledge of the employer. You definitely cannot use employer x's approval notice.

        You will need pay slips to prove that you were on proper H1B status. Even if it is for 10 days.
        Not a legal advice. Use of this information is strictly at your own risk.

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