For filing H1b cap exempt,pay stubs needed?

USA H1B Visa
1

Hi,
Can you help me with the below query, it’s about cap exempt status:

Company A filed h1b for me in 2013 and i have the approved petition copy with me. As the project didn’t kickoff i wasn’t sent for stamping. I left company A in 2014 and now i am in company B and would like to utilize my h1b.

1)Is it possible for B to file h1b for me in cap exempt category using the petition filed by A?

2)Is stamping or traveling to US through A,a prerequisite for B to file h1b under cap exempt category?"

I have seen posts where people confirmed stamping isn’t required, but my current employer is saying it’s required :(. Is he right?

2

Yup since you never travelled to the US you can’t show any paystubs. You should be fine.

3

Thanks for the response, do you mean company B can file my H1b under cap exempt without me having traveled to US?

4

Correct. Its basically like filing a new application but you’re cap exempt.

5

Thanks a lot sticksoldier,my firm’s lawyer say’s some discussion happened in “AILA-American Immgrtn lawyer association”,which says “stamping or traveling to US through prev employer,a prerequisite for new employer to file h1b under cap exempt category”. Any say on this :frowning:

6

There are people who have done this, infact right here there is a Redbus blog post about someone with similar case, who did not even have his approval notice:

If I was you I’d get a second or even third opinion from a lawyer. You can find some really good ones on sites like Avvo, and should be pretty cheap for something like this. Get paid legal opinion so your lawyer does not think its just some guy on the internet like me :). Put together a document with all of this info (including experiences from forums etc) and send it to him. Lawyers are human and make mistakes.

Hopefully it works out for you, good luck!

7

Thank you sticksoldier again. Let’s see how it works out. I am planning to consult couple of lawyers. Will post here what happens so that it will be useful to all.