Regarding approved H1B petetion transfer

[akhil_agarwal1]

Hi,

I had a H1B approved petetion thru my ex employer 'A' (during the year 2009-10 which i guess is valid till 2012). I didn't use the petetion to travel to US till date. Also, its quite possible that my petetion was canceled by my ex employer later (when i moved on to other organization).

So under these circumstances, is it possible for my current employer to use this petetion and file a new one (and be cap exempted).
Also, i read on some website that a approved H1B petetion can be transfered (and be cap exempted) from the year of filling to upto 6 years. So just wanted to confirm if i have the correct information.

[shervin143]

So under these circumstances, is it possible for my current employer to use this petetion and file a new one (and be cap exempted).
>>> Possible. Give the new employer a copy fo the previous approval notice and they will be able to file a new petition using the CAP from the old petition and request an immediate start date.

Also, i read on some website that a approved H1B petetion can be transfered (and be cap exempted) from the year of filling to upto 6 years. So just wanted to confirm if i have the correct information.
>>> That is correct.

[akhil_agarwal1]

So under these circumstances, is it possible for my current employer to use this petetion and file a new one (and be cap exempted).
>>> Possible. Give the new employer a copy fo the previous approval notice and they will be able to file a new petition using the CAP from the old petition and request an immediate start date.
Akhil: I don't have the approval notice with me. So in that case will the receipt number do ?


Also, my ex employer is not willing to share the Approval notice (nor the receipt number) with me. Hence I plan to submit form I-824 in order to get a duplicate copy of the approval notice (for my approved petition which is now cancelled). Can i do that ? Is that correct? ?

[shervin143]

Akhil: I don't have the approval notice with me. So in that case will the receipt number do ?
>>> Receipt number will do.

Also, my ex employer is not willing to share the Approval notice (nor the receipt number) with me. Hence I plan to submit form I-824 in order to get a duplicate copy of the approval notice (for my approved petition which is now cancelled). Can i do that ? Is that correct?
>>> Approval notice is employer's petition. Even if you submit form I-824 for the duplicate copy, USCIS will send it to the lawyers who filed it.

[akhil_agarwal1]

So any other work around thru which i can either get the approval notice or the receipt number for my petition (to facilitate my H1B transfer)?

[shervin143]

Getting it from the employer is the only option.

So any other work around thru which i can either get the approval notice or the receipt number for my petition (to facilitate my H1B transfer)?

[akhil_agarwal1]

Hi,

I managed to get the receipt number from my ex employer. When i am checking the status on USCIS website the status is being reflected as "Post Decision Activity" with the following details:
"On July 7, 2009, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice."

1. So does this mean that my petition has not been withdrawn?
2. Is there a way by which i can check if the receipt nos which I got from my Ex employer belongs to me (like checking my name/details) ?
3. Even if the petition was withdrawn or cancelled I can still get a new cap exempted H1B . Right ?
4. If my new employer files for a cap exempted H1B (by mentioning the receipt nos) and un luckily the receipt nos turns out to be in correct, then what can be the repercussions ?

[shervin143]

1. So does this mean that my petition has not been withdrawn?
>>> The information in the online case tracking is not always up to date. You should not rely on this information. Are you planning to work for the same employer now? If yes, then check with the employer to see whether they revoked the petition or not. If not, whether the petition is revoked or not is totally irrelevant to you.

2. Is there a way by which i can check if the receipt nos which I got from my Ex employer belongs to me (like checking my name/details) ?
>>> There is no way to do that. Getting a copy of the approval notice from the employer and checking it against that is the only option.

3. Even if the petition was withdrawn or cancelled I can still get a new cap exempted H1B . Right ?
>>> If the petition was approved within the last 6 years and if you haven’t used all 6 years in that CAP (H1B + L1 combined), then yes.

4. If my new employer files for a cap exempted H1B (by mentioning the receipt nos) and un luckily the receipt nos turns out to be in correct, then what can be the repercussions ?
>>> The petition will get denied. The money spend will be lost.

[akhil_agarwal1]

I had the H1B petition approval in June 2009 (which was never used up till now). Now i am getting it transfered to employer B and plan to use it.
My question is : as the H1B provides a 6 year period (stay/work period in US) hence in this case the 6 year period will start from the day I enter US or from the day petition was approved (i.e. 2009)

[shervin143]

It will start from the day you enter U.S. Only the time spend in U.S in H1B + L1 status will count towards the 6 year period.

I had the H1B petition approval in June 2009 (which was never used up till now). Now i am getting it transfered to employer B and plan to use it.
My question is : as the H1B provides a 6 year period (stay/work period in US) hence in this case the 6 year period will start from the day I enter US or from the day petition was approved (i.e. 2009)