H4 to H1transfer issue

[sucheta]

i am on H4 status since I came to US in the end of 2008.one Company has applied for my H1B in 2009 and it got approved on 12th Jan 2010. It was approved with a condition that I need to go to India for getting visa stamped. I guess I got conditional approval because I was in India while H1B was in process from 17th Dec 2009 to 4th Jan 2010. USCIS has issues approved 797 only and it doesnt accompany I-94. I never travelled out of USA after my H1B was approved on 12th Jan 2010. My current I-94 card still has H4 status. I couldn’t go to India for Visa stamping because I was pregnant. I am blessed with a baby and I would like to resume my work career and H1B now. My current H1B holder doesnt have projects available now. Hence, I would like to get my H1B transferred to any other company.

1. can i do the transfer to another company?

2. if yes, weather i fall under the cap or not?

Summary:

My current status – H4

H1B Approval date – 12th Jan 2010 (I-94 was not issued)

H1B valid until – 30th Sep 2012

Note – I never travelled out of USA after my H1B was approved

[pontevecchio]

1. You can have a new sponsor file a H1 petition for you.

2. It will not be subject to the cap.