sivakumar19851 Posted July 16, 2012 Report Share Posted July 16, 2012 Hi Forum, My Scenario Was in US till Feb 2012 on L1B Company A has sponsored H1B Petition(Without COS) in Nov 2011 which got approved in Mar 2012(Stamping has not been done yet) Now I am in India, Company A does not have any Job Offer I came to know that H1 Transfer is not possible, but a new H1 can be filed which would be exempted from CAP count, since I am already been counted in 2012 Quota. Now I got a Job Offer from Company B Company B Attorney has mentioned the below "Since you never actually worked on your cap subject H-1B, that H-1B is considered abandoned or never activated. It would be as if the H-1 was never filed, for that reason we are unable to reclaim the status for you." Can anyone point out the H1B Clause which says new H1 petition can be filed under Cap Exemption for my case? Thanks, Siva Link to comment
pontevecchio Posted July 16, 2012 Report Share Posted July 16, 2012 Since you have been cap counted you are allowed to have a new H1 sponsor file your H1 petition subject to the total of 6 years. A transfer is always a new H1. Link to comment
sivakumar19851 Posted July 17, 2012 Author Report Share Posted July 17, 2012 Can please cite any regulation regarding the same, so that I could convince Attorney B Link to comment
pontevecchio Posted July 17, 2012 Report Share Posted July 17, 2012 GOOGLE " H1 REMAINDER OPTION" and the top few entries out of half a million will give you whatever you need. Link to comment
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