Hi All,

My approved I-979 Petition expired in March 2017 before attending visa stamping. My employer had raised the petition for only 6 months and by the time I got the approval notice(After RFE) , it was valid only for a week. Hence my employer didn’t allow me to go for stamping and they are not ready to do ammendment under cap exempt.

Could you please suggest if I can get my ammendment under cap exemption by some other consultancy with the expired petition.


You will have to apply for extension first. If you want to go to US through some other company, then you have to transfer the Visa to the new company.

I am not too sure whether extension and transfer can be applied at the same time though.

I don’t understand what to do you mean by amendment under cap exempt? Do you mean for new project?

Thanks for your reply

My current employer is not ready to apply for an extention on the expired petition.

When I checked with some Consultancy, they suggested me that, Some other employer from US can raise an AMENDMENT UNDER CAP EXCEPTION( with out lottery) using the old petition. By using that amendment petition, I can go for stamping and travel.

Or I can travel on H4 since my wife has a valid h1b, and raise a cos to H1b using the old petition.

Would like to know which approach is better for my case, also if I go for H4 to H1b transfer, can I start working immediately?


Amendment is generally filed when there is a change in work location of the person or when the employment terms is changed. I am not sure how a different petitioner can work just with an amendment. Please check https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision

Are you referring to a contract position?

If you are trying to change your employer, you have to file a transfer. In your case you have to file an extension too as your petition is about to expire.