H1b transfer after approval in 2009 did not go for stamping yet

[@sandeep7]

Hi,

I have done my MS in USA and a 2009 graduate.

One of the companies has applied for my H1B in april 2009 and

I have got the approval for I-797B petition in july-2009.

Unfortunately I had to get back to india in september -2009 and I am now staying in India from then and I have not been to H1B Stamping till today.

The I-797B Petition is valid till 27th September 2012.

so I wanted to make use of this petition and get back to US now.

Later When I have contacted my employer earlier this year(2012) they said that they can't process my old H1B petition now after such a long gap.

so can anyone suggest me what all the other alternative ways I can process my old approve H1B petition.

By browsing through several websites i have found that , it is possible if

1. I can find an employer who can do a H1B transfer based on my old h1b approved (I-797B)petition of which I have not gone to stamping till date.

2. File a cap exempt petition with a new employer based on old petition. (though I Dont know what cap exempt petition it means).

Can anyone help me if the above two ways are good to go with,

what kind of issues I may face by going ahead with the above two alternative processes (since it has been a long gap now after the approval of petition).

Please suggest if there is any better alternative way other than those suggested above..


thanks & regards
Sandeep

[shervin143]

Any U.S employer can file a H1B petition for you using the CAP from your previous H1B approval notice and request an immediate start date (There is no need to go through a new quota). Give the new employer a copy of your previous H1B approval notice and they will know how to proceed.

[@sandeep7]

Any U.S employer can file a H1B petition for you using the CAP from your previous H1B approval notice and request an immediate start date (There is no need to go through a new quota). Give the new employer a copy of your previous H1B approval notice and they will know how to proceed.

thanks for your answer..

I have one more question


will the new employer have to pay the h1b fee of 5000$ again or just proceed with the old petition.

thanks
sandeep

[shervin143]

They will have to pay all the fees again. You have just secured a CAP number with your previous approval. That is all.

thanks for your answer..

I have one more question


will the new employer have to pay the h1b fee of 5000$ again or just proceed with the old petition.

thanks
sandeep