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H1 Transfer

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  • H1 Transfer

    I got H1 stamped thru Company “A” on 2007 November but never got chance to travel. Meanwhile I joined another company “B” and I got B1 stamped but I got cancel stamp on H1 by visa officer.
    Now after 4 year my company “B” is looking for H1 transfer, as they have urgent requirement. Visa desk team in my company told me that I still can use H1 petition even the visa got cancel stamp.
    Please suggest if I can go for H1 premium transfer (non cap) or file a new H1.

  • #2
    There is no difference. The CAP for 2012 is still open. Your company can either file a new petition under the 2012 CAP or file a new H1B petition using the CAP from the previous petition and request an immediate start date. The petition can be filed in premium processing which will get you a result within 15 days. Once the petition gets approved, you can apply for the visa.
    Not a legal advice. Use of this information is strictly at your own risk.