H1B old employer petition transfer to new employer


My H1B petition with company ‘A’ was approved in 2008 and received RFE in year 2010. However my H1B petition was expired in 2011. Can someone help me to understand below points

Can I transfer my petition to company ‘B’ now? If so, when can I apply and how many days it will take?If it is possible to transfer, do I need to request old company ‘A’ ? ThanksSri

  1. You said it received RFE in 2010. Was it approved after that? Some people have shared experiences where they were able to file cap-exempt petition even after expiration of 6 year limit. So as long as the previous petition was approved once, you can go for it.

  2. For transfer, you just need copy of approval notice from A; or receipt number. However, in latter case, employer will have to rely on you that the receipt number really belongs to you.

Hi saurabh,

Thank you for your quick reply.

No, I did get required documents from my employer and I didn’t go for stamping. Now petition was expired on September 2011. Moreover I have approved petition copy with me. Pls let me know, still I can go for cap exempt with another employer with the same approved petition.

Thanks in advance.

As long as you have an approved copy of the petition, you should file the cap-exempt petition