H1B transfer to new employer based on expired H1B petition for old employer

[heet_pink]

Hi,

I have an approved H1B petition from USCIS valid from Oct-2008 to Sep-2011. I attended visa interview for H1B stamping for old employer based on this petition in Jan 2010 and was issued 221(g). I reappeared personally in Jun 2010 with all documents for 221(g) and the visa was denied by the consulate officer. So basically I did not enter U.S. for the employer based on the approved H1B petition that is now expired in Sep-2011.

My current visa status is H4.

My questions are,

1. Can a new employer file for cap exempt H1B transfer based on my already expired H1B petition from old employer?

2. Will the H1B transfer from new employer also serve the purpose of Adjustment of Status?

3. Since the H-1B visa was denied for old employer in Jun 2010, do I have a chance that USCIS will approve the H1B transfer petition or there are higher chances that H1B transfer petition will be rejected?

Please help me with my queries. Any information from this forum is highly appreciated.

Thanks & Regards,

Hitesh

[pontevecchio]

1. Yes if it has not been sent back for reconsideration to the DOS and revoked.

2. If you mean that you want to know if the new H1 sponsor can file your H1 with COS then the answer is YES. Maybe look hard for an employer with whom the H1 stamp will not be a problem?

3. If you are considered cap counted each employer files his own H1 petition and that is approved or not on merits.

[heet_pink]

Thanks pontevecchio. Your answers were useful. My H1B has been approved.

[pontevecchio]

Best of luck.