Hi All,
I need help and clarification regarding my H1-B petition,
My H1-B petition was applied in Apr-2017 and was approved in Nov-2017 through Employer-A. I did not travel to US.
I did NOT go for stamping through Employer-A and I am not sure about the expiry of my petition.
I have joined a Employer-B in India and I would like to know whether Employer-B can transfer my petition and I can get my visa stamping done.
Also, I was on L1 through another employer for 8 months in 2008 and 4 months in 2010.
Kindly let me know,
If my petition is not expired, Can the employer transfer the petition through premium processing and get my visa through employer-B.
If petition is expired, Am I eligible for Cap-exempt petition through premium processing?
Thank you very much,
Sats.
This is slightly a grey area…If you were to have stamping, it would have been slightly better. There are some cases, where it was able to do a transfer…
Sometimes, USCIS questions the status of h1B…as you never had it either using visa stamping or working in US, it maybe difficult to prove that… If you have an employer, and they are willing to give it a try, you can give it a shot…
Read below too
Hi @Kumar,
I raised FOIA request to get the approval notice and my new employer filed for H1B cap-exempt petition using that on July 2021 and it was approved.