Petition is not stamped, can we transfer to other company

USA H1B Visa
1

Hi All,

I have applied for H1B VISA from company “A”, but got RFE.

by the time my petition got approved after RFE, I’m in notice period to join next company B.

now company A is not allowing me to go for stamping.

  1. Now can company B initiate new VISA process.?

  2. Can company B, get my VISA stamped using old petition which I got by company A?

  3. if yes, than what is the procedure?

All this happed in this year only (2013). and company A never given me any info regarding token number or receipt number of VISA application. I have submitted all required docs to company A & they are just keep informing me through mail at every step. at last I just a mail RFE is cleared and petition is approved. I dont have my petition with me also.

Or its just means I just lost my H1B VISA.

2

  1. Yes, they can file a Cap-Exempt Petition

  2. No, it cant be used so. Cap-Exempt must be filed

However, to file Cap-Exempt visa, U must atleast have case number

3

Thanks RaNa,
But can you explain me in brief explanation on “what is Cap-Exempt”
and one more ques “next year can I go ahead with new application for H1b, B1 or L1”?

4

Cap-Exempt means U will not come in Lottery. U can file it anytime, dont need to wait till April.
Cap-Exempt H1B is better as U dont have to go thru Lottery. U can also go for B1 or L1