H1B Transfer from India


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My case is as follows. I was in USA for 4yrs through company A (L1 Visa) and returned back in March 2010.Then I switched over to company B.

Through company B, got H1B visa (stamped last month).But yet to get the confirmation from the client regarding my travel. Not sure whether the project will be through.

Now another company C wants to hire me and send me to USA on H1B.Under this scenario, can anyone pls clarify my following doubts.

(1) Can company C do the transfer of my existing H1B ? (I am having this doubt, since I am yet to travel on my stamped H1B visa to USA).

(2) If not, it has to file new H1B petition?. (will it be under cap-exempt assuming that the quota will be filled by the time I join company C ).Do I need to attend the interview again for my visa through company C ?

(3) In case company B cancells my visa /petition when I leave the company, still Company C can file H1B under cap-exempt (as my petition would have been counted already ? or I need to wait till next year, in case the 65k quota is filled by the time I join them.

Thanks in advance.

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