Adidude86 Posted July 10, 2019 Report Share Posted July 10, 2019 Hello, I have an approved H1B petition with the I- 797B showing the petitioner validity from 10-01-2014 to 09-30-2015. The visa was never stamped or traveled on. Hence the entire H1B duration remains unused. I have now changed my employer. My new employer now wants to use this to file for a new transfer petition. Therefore wanted to know, 1. Can the new employer file a transfer under cap exempt this year when the validity of the I-797B has expired on 09-30-2015 ? 2. If yes, and if I do get a visa in this condition, will I still be able to use my complete maximum duration of 6 years (3+3) to stay and work in US ? Any my help in this regard will be greatly appreciated Thanks in advance, Aditya Quote Link to comment
pontevecchio Posted July 10, 2019 Report Share Posted July 10, 2019 The petition expiry date is irrelevant. New rules mandate first working for the initial H1 sponsor or the Cap subject H1 is gone. Just say Quote Link to comment
SPV Posted July 10, 2019 Report Share Posted July 10, 2019 Hello, #1. Yes #2. Yes Note: Please note that this is not a legal advise but just my opinion. Quote Link to comment
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