Apply for H1B Using I-797C

[rajesh1984]

Hi all,

My Employer had applied for H1 B in 2009. I left that company in 2010. I have I-797C notice.

I checked status today using EAC number and it says

Post Decision Activity

On September 3, 2009, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocation"

Now,

1. Can my new employer apply for new H1B VISA?

or

2. Can my new employer transfer this (Not sure if My OLD employer will help me in this like providing the other forms)

I am not sure how to proceed with this situation... Any help/suggestion would be welcome

[livliv]

Both the options are possible.

Option 1. Employer files the petition using new cap, earliest start date is Oct 1. You get a fresh 6 year stay. This assumes you have never been to the US in H1/L1 status or been outside the US for the past 1 year continuously.

Option 2. Employer files the petition using the previous petitions's cap and requests immediate start date. You get a total of 6 years minus any time spent in the US in the past in H1 or L1 status.

[SameerH1Bworker]

1. Can my new employer apply for new H1B VISA?

- YES

or

2. Can my new employer transfer this (Not sure if My OLD employer will help me in this like providing the other forms)

- You do not need anything from OLD employer, just receipt notice or number of last approved H1B + 3 latest paystubs are enough to transfer your H1B.

[rajesh1984]

Thanks @livliv and @SameerH1Bworker

I have one more question.

I have never been to US before. Is my 13 digit EAC number enough for new employer to apply for transfer?

[livliv]

Tehcnically the number is sufficient. But a copy of the receipt or approval notice is better.