H1B transfer

[kunalkar79]

Hi,

I am currently working for an IT company in India at offshore. Was there in US from 2009 February to 2011 July. Had to come back to India as my work permit extension and visa was going to expire. After coming back to India I now have an approved H1B work permit extension till May 2014. However, my company will not share the petition or the approval notice until I am nominated for an onsite assginment by my manager.

Issue: I have decided to quit this company and on a notice period for another month. Is there any way I can get the petition transferred to this company that I am going to join even though I don't have the LCA petition or the approval notice with me or do I have to forgo the petition? Kindly advise.

Thanks!!

Kunal

[Attorney_22]

Generally, to avoid filing an H1B cap-subject petition an individual should include evidence of past H1B approvals with their future petitions. Or in the alternative, if you have been outside the U.S. for one full year or more you may be eligible to file a new cap-subject petition to obtain a new six year allotment of H1B authorization. For a more detailed discussion of your options, please contact a qualified U.S. immigration attorney directly. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

[livliv]

A copy of the previous approval notice will do.