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h1b transfer possible complex case ?need help

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  • h1b transfer possible complex case ?need help

    I had H1B petetion approved in 2009 and valid till this september 2012 on company XYZ,
    but I never wnet to h1b visa stamping, Meanwhile I recently got news that XYZ filed bankruptcy and started abc company, my question isthe approved petiion on xyz is transferbale to abc company?, please do note I am in India, never went for stamping.The reason why I am asking is ,if its possible then my petetion will be cap exempt?

    can u please enlighten me here, whats teh best option, should employer go for brand new filing or h1b tarsfer can be done on bankrupted company.current status of compnay is bank rupt .

  • #2
    Not just abc but any company can file cap-exempt petition for you. You will get complete 6 years in total since you have not used any time from the cap. The process is no different. You find a job and provide the employer with a copy of previous petition receipt or approval notice and they will file petition for you. You can apply for Visa based on the new petition and then travel to US to work for this new employer.
    This is my opinion and not legal advice.