approved I797A for H1B but cannot get it stamped. Is transfer possible?


I got COS from L1 to H1 [i797A] valid thru NOV 2014. I had to come back to India due to family emergency and couldn’t get H1 stamping as I have to quit from H1 employer.

Now can I use approved petition for transfer while in India. What is best possible option left for me?

Thanks in advance.


Yes, another employer can file cap-exempt petition for you. Once approved, you can go for H-1 visa stamping and then travel to US to work for that new employer.

Thanks for quick reply Saurabh.

Followup question is what is time frame I should be able to use cap-exemption for H1? This COS was approved in NOV 2011.


They can file it within 6 years of original approval date.

Do Employer B have to bare the petition fees / charges paid by company A while filing H1 ?