seema3982 Posted February 19, 2013 Report Posted February 19, 2013 Hi, I will be going to India in july for my H1 stamping. The current H1 is valid until Aug 2014. If I happen to get a 221G or a rejection during my stamping, but I find another employer ready to process my H1 is it considered as a new H1 or an h1 transfer? Will the quota for the new yr come into play here? what if the current year quota for H1b expires by the time I go? Will I not be able to have my H1 processed until next year? I am confused as to whether it would be counted as a new h1 or h1 transfer please suggest!
infyguy Posted February 19, 2013 Report Posted February 19, 2013 It will be a new H1 but it will not come under Quota. It will be a filed as cap exempt new H1B.
seema3982 Posted February 19, 2013 Author Report Posted February 19, 2013 thanks infyguy. So even if the quota is full, i can still have the other company file my h1 and come back immedietly? or wait until 1st Oct 2013 to come back?
Phal Posted February 20, 2013 Report Posted February 20, 2013 Better go to Mexico or Cananda for stamping.
ukhry Posted February 20, 2013 Report Posted February 20, 2013 PLease see --- http://forum.murthy.com/index.php?/topic/53104-h1b-visa-stamping-denied/page__p__200249#entry200249
seema3982 Posted February 20, 2013 Author Report Posted February 20, 2013 @ukhry Thanks.. I am still unclear...use the same H1 Cap means? Even if the H1cap for this year that will begin in Apr 2013 gets full by july I can still apply correct? and If I get it approved do I wait until Oct 1 to come back to US?or I can come back as soon as i have it approved and stamped?
itsmeusa Posted February 20, 2013 Report Posted February 20, 2013 @Seema, as soon as H-1B petition is approved, you would need to get a new H-1B stamp and you could come immediately. Oct date is only for someone who has filed petition which is not cap exempt.
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.