H1B Transfer - Need Help from Experts !

USA H1B Visa
1

If one has H1B visa approved from employer A in Jan 2007 and stamped in Feb 2007 And now (Feb 2013) employer B wants to use old petition for transfer, can it be possible for cap exempt and through ?

Scenario -

H1B approved - Jan 2007 , Stamped - Feb 2007 (approval Jan 2007 - April 2009)

Stayed in US on H1B - March 2008 - April 2009

Got L1- June 2009 and now looking for transfer.

Want to know if it possible if new employer goes for it asap.

Would really appreciate expert help !

2

Usually one can use old petition for H-1 transfer (cap-exempt petition) if the petition was approved in past 6 years. Your petition was approved little more than 6 years ago, but I don’t think USCIS is very strict w/ enforcing the 6 year restriction.

So your employer can try to go the cap-exempt route. Your attorney may also be able to evaluate the situation and let you know the answer.