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kombathula

2007 Quota H1B

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Kindly help me with an answer.


1) My H1B details are below:(Filed by Employer A)


Receipt Date : April 13, 2007


Notice Date: April 20, 2007


Validity: From Oct/01/2007 to Sep/15/2010


2) The visa is stamped & approved in Delhi on Oct/29/2007.


3) Travelled to USA on Dec/17/2007 and worked until Aug/14/2008 and then returned to INDIA. Meaning used the visa for approximately 9 months. I am currently in INDIA now.


4) My "Employer B" wants to transfer the old H1 B visa as my application is not selected in 2014 lottery through "Employer B".


Kindly let me know if my Employer B can transfer my old H1 petition? If so what documentation should I be providing to the Employer B? Is it mandatory to have last 2 pay slips (July, 2008 and August 2008)?


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Kindly help me with an answer.

1) My H1B details are below:(Filed by Employer A)

Receipt Date : April 13, 2007

Notice Date: April 20, 2007

Validity: From Oct/01/2007 to Sep/15/2010

2) The visa is stamped & approved in Delhi on Oct/29/2007.

3) Travelled to USA on Dec/17/2007 and worked until Aug/14/2008 and then returned to INDIA. Meaning used the visa for approximately 9 months. I am currently in INDIA now.

4) My "Employer B" wants to transfer the old H1 B visa as my application is not selected in 2014 lottery through "Employer B".

Kindly let me know if my Employer B can transfer my old H1 petition? If so what documentation should I be providing to the Employer B? Is it mandatory to have last 2 pay slips (July, 2008 and August 2008)?

 

Yes, you are cap exempt and an employer can file a cap exempt H1B petition anytime and after approval with a valid H1B visa and I797 you can enter US.

You need to provide employer B with H1B approval notice with employer A. No need for any pay stubs.

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Kindly help me with an answer.

1) My H1B details are below:(Filed by Employer A)

Receipt Date : April 13, 2007

Notice Date: April 20, 2007

Validity: From Oct/01/2007 to Sep/15/2010

2) The visa is stamped & approved in Delhi on Oct/29/2007.

3) Travelled to USA on Dec/17/2007 and worked until Aug/14/2008 and then returned to INDIA. Meaning used the visa for approximately 9 months. I am currently in INDIA now.

4) My "Employer B" wants to transfer the old H1 B visa as my application is not selected in 2014 lottery through "Employer B".

Kindly let me know if my Employer B can transfer my old H1 petition? If so what documentation should I be providing to the Employer B? Is it mandatory to have last 2 pay slips (July, 2008 and August 2008)?

 

Yes , Employer can file a cap-exempt petition for you.Employer would be needing your old I797 with other relevant documents like your educational transcripts.Since you are in India you don't need payslips.Once the H1 is approved you have to get it stamped and travel.

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Hello Jairichi / Rahul / Kattu,

 

He has completed 6 years of time frame and how that will come under cap gap exempt.

 

Kindly share if you have any evidence of document for this kindly of process

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Hello Jairichi / Rahul / Kattu,

 

He has completed 6 years of time frame and how that will come under cap gap exempt.

 

Kindly share if you have any evidence of document for this kindly of process

OP has not used the max allowed stay of 6 years on H1B and therefore his H1B petition is cap exempt.

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Hello Jairichi / Rahul / Kattu,

 

He has completed 6 years of time frame and how that will come under cap gap exempt.

 

Kindly share if you have any evidence of document for this kindly of process

He didn't completed 6 yrs of H1. His initial H1 is 6 yrs old but he was not working on H1 for six years.

Number of years worked on H1 matters here, not when that H1 is approved.

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He didn't completed 6 yrs of H1. His initial H1 is 6 yrs old but he was not working on H1 for six years.

Number of years worked on H1 matters here, not when that H1 is approved.

Actually, technically, it matters when the H1 was approved. But as several Murthy attorneys have said here, they have been successful in getting H1s approved as cap-exempt when the original H1 was approved more than 6 years ago.

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