I had applied for H1 B with an employer x for a job description, and now when I am planning to go for stamping, the employer tells that he can’t find a job for the job description he mentioned in the petition.
So my question now is, can I go for a new employer with a new job description and apply for CoS with the same petition number.
Any help on this is appreciated
A new employer can file cap-exempt petition for you along w/ COS. They will have to submit proof that you are already cap counted (copy of your current 797 approval notice) and that you are maintaining valid status (spouse’s 797 copy, his payslips etc).
Thanks Saurabh for your quick response…
So the new job description and role won’t cause any problems in the process of stamping…
Also this cap exempt petition had to be filed within the valid date of my present I 797 right…
As long as you are qualified for the new position, it should be ok.
The cap-exempt petition can be filed within 6 years of approval date.