H1 transfer while in India

[wewy]

Have you completed all 6 years in your previous H1B CAP? If yes, then you need to spend 1 year outside U.S to get a fresh 6 year term on a new H1B CAP.

Thx for your response.Currently,i'm working with the same client from India until i get a final decision from USCIS.I plan to change to a different employer (vendor) but continue working with the same client and apply a new H1 after completion of 1yr.The new employer 'promised' that he can establish the 'employer-employee' relationship.I hope my plan works out positively.

[wewy]

Yes,I have completed.Thanks for your response.

[shervin143]

Have you completed all 6 years in your previous H1B CAP? If yes, then you need to spend 1 year outside U.S to get a fresh 6 year term on a new H1B CAP.

Hi,i'm in a similar scenario but completed by 6 yrs of H1.I got a 221(g) and waiting for the final decision from USCIS.I have my current petition approved till 2014.At this point,can i transfer to my client as a full time employee on a h1 using the CAP from the current H1B petition ?

[wewy]

Your client can file a new H1B petition using the CAP from the previous H1B petition. Give your new employer a copy of your previous H1B approval notice. When the petition gets approved, get the visa stamped and enter U.S to work for the new employer.

Hi,i'm in a similar scenario but completed by 6 yrs of H1.I got a 221(g) and waiting for the final decision from USCIS.I have my current petition approved till 2014.At this point,can i transfer to my client as a full time employee on a h1 using the CAP from the current H1B petition ?

[h1221ghyd]

Thank You so much for the information ...

[shervin143]

Your client can file a new H1B petition using the CAP from the previous H1B petition. Give your new employer a copy of your previous H1B approval notice. When the petition gets approved, get the visa stamped and enter U.S to work for the new employer.

[h1221ghyd]

HI,I went for the Interview on Nov17th2011 gave me 221 g after 30mins of interview and after contacting VFS ,through email /phone on 8th December My attorney got the below email

"As per the US Consulate, based on the documents you submitted to them and the information elicited in your interview with an American Consular officer,
they were not able to issue you an H1B work visa as the Post believes that the petitioner is unable or unwilling to provide qualifying employment and will
not be able to maintain the employer-employee relationship.

Therefore, your application will be soon returned to the Kentucky Consular Center (KCC).
Once KCC receives a petition, it returns to the approving office of the
United States Citizenship and Immigration Service (USCIS) for review and possible revocation.
Please direct all future inquiries regarding this case to the approving USCIS office."

Case Details:
Interview Date - Nov 17th2011
221g color - 221g blue
case type - H1b
docs asked -LCA, I-129, I 797 Copies
passport was returned back during the time of interview.
h1B Validity: March14th2012(this is my first h1 after my masters )
highest degree: masters
Model:E-C ( sinec 2008 same employer and client since june 2010)

now my client manager is very supportive and he is ready to do my H1

I am having few questions can any one help me answering :

1.what are the chances of transferring my h1 :do i come under quota ?
Applying h1 with client directly (no employers or any ) , can I do this ? I heard in some forums said I need to be in usa to transfer H1 with valid I -94 is this is correct or CAN I DO H1 transfer with client directly?? and mail the documents to India and go for Stamping again?

Can anyone please suggest me what are my chances of going to USA ?

Please advice
Thanks