H1 Transfer or Fresh H1B


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Hello-

 

I am in USA from FEB'2008 through Oct'2011 on H1B. I have a I-797C receipt dated Sept'2010 from a client that has applied. This was the second petition which was accepted and I started working for this company. But I had to come back to India in Oct'2011. Now I am planning to look for a H1B sponsorship/ Client letter.

 

Do I need a fresh H1B filed (in next year) or is my old petition dated Sept'2010 valid to do a H1b transfer if I am able to find a sponsorer.

 

Please let me know.

 

Many thanks,

Karthik

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Thank you so much Jairichi for the help.

 

But I was in US on a J1 visa filed from 26-Jan-2013 to 13-March-2013. Normally once a J1 visa is filed, from the date of exit in US you are not allowed to file a fresh work visa (H1 or L1) for 2 years. But my H1B is filed before 2013 and cap exempt according to you. Can I file a H1 transfer if I find a sponsorer asap or should I wait till 2 years to complete? Please let me know.

 

Appreciate your help in advance.

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Thank you so much Jairichi for the help.

 

But I was in US on a J1 visa filed from 26-Jan-2013 to 13-March-2013. Normally once a J1 visa is filed, from the date of exit in US you are not allowed to file a fresh work visa (H1 or L1) for 2 years. But my H1B is filed before 2013 and cap exempt according to you. Can I file a H1 transfer if I find a sponsorer asap or should I wait till 2 years to complete? Please let me know.

 

Appreciate your help in advance.

If your J1 was subject to 2 years HRR then I believe either you need to get a J1 waiver or serve those 2 years before entering US on H1B visa. I am not very sure about this and so I will suggest you to talk to an attorney.

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  • 5 months later...

Dear Attorney,

 

I am in urgent need of advise. Kindly help me.

 

My employer had applied for H1B during the year of 2008 & we did receive I-797C, Notice of Action.

 

Dates mentioned on I-797 are as follows:

Received Date: April 14, 2008
Notice Date: April 23, 2008

 

I did not proceed with further process(visa stamping) due to personal reasons and have never traveled to United States.

 

My question is: I would now like to pursue job opportunities in US now. Which works best for me:

 

a) Employer filing for H1B Cap Exempt ? 

or

b) Employer filing a fresh H1B petition on Apr 1, 2015?

 

In either cases, how many number of years visa could be granted to me.

 

Appreciate quicker response. Thanks in advance.

 

Thanks,

Ruchi

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Dear Attorney,

 

I am in urgent need of advise. Kindly help me.

 

My employer had applied for H1B during the year of 2008 & we did receive I-797C, Notice of Action.

 

Dates mentioned on I-797 are as follows:

Received Date: April 14, 2008
Notice Date: April 23, 2008

 

I did not proceed with further process(visa stamping) due to personal reasons and have never traveled to United States.

 

My question is: I would now like to pursue job opportunities in US now. Which works best for me:

 

a) Employer filing for H1B Cap Exempt ? 

or

b) Employer filing a fresh H1B petition on Apr 1, 2015?

 

In either cases, how many number of years visa could be granted to me.

 

Appreciate quicker response. Thanks in advance.

 

Thanks,

Ruchi

If employer has withdrawn your H1B petition before a decision was taken by USCIS you are not cap exempt. Otherwise you are eligible for 6 years.

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