H1B approval

[cooltoo8190]

Hi,

If some one gets H1B approved while applying for a fresh H1B quota with Company 'A' and one person wants to shift to company 'B'.

Considering the person is out of United States:-

1. If H1B is stamped with Company 'A' and I-797 is valid, can one file a transfer for H1B with company 'B' and be quota exempt or a fresh H1B application has to be made with company 'B'?

2. If one has just H1B approval notice with Company 'A' I-797 and no visa stamped, can one same approval notice to file transfer with Company 'B' and be quota exempt?

Please advise.

[Attorney_10]

Generally, an individual is considered counted against the numerical H1B cap if s/he is inside the U.S. when the H1B petition and change of status take effect or if s/he applies for and is issued an H1B visa. Please schedule a consultation with a qualified immigration attorney to discuss your specific issue and to determine whether you have been counted against the H1B numerical quota.