H1B Transfer question

[kumar1972]

Hi All,

 

I have expired I797 and expired in Aug/2011.  My visa is also expired in Aug/2011. However, I never travelled US with this H1B.

 

Now I am planning to transfer this H1B work permit to other company.  When H1B applied and approved the name of the company is C1 and now they changed their name to C2 so my I797 document contains petitioner name as C1, however, the current name is C2 and also now I am not working with this company. 

 

My question is can I still use this H1B work permit to transfer this to other company and does not under cap?

 

Please help me 

 

Thanks in advance.

 

[omshiv]

No..you cannot use that work permit to work in the US..you'll have to get it transferred...you are not in the Quota..so your new employer can sponsor your H1.

[jairichi]

Yes, you can. Ask your new employer to file a H1B petition for you to get a new I797 document. Get a visa stamped and travel to US

[kumar1972]

Hi Omshiv/Jairichi,

 

Thank you very much for your quick response on this.

 

Request your answers for the following questions also.

 

1. My I797 document contains petitioner name as C1, however, the current name of this company C1 has been changed to C2 and also I am not working for this company. Does this cause any problem for applying H1 under quota exempt by the new employer?

 

2. Does the new employer need to inform the company C2 to file my H1?

 

Thanks in advance for your help in this regard.

[jairichi]

(1) I do not see any problem.

 

(2) The new employer has to file a H1B petition and there is no need to inform your previous employers.

[kumar1972]

Thank you very much Jairichi. for answering my questions. This is a wonderful forum for immigration related queries.

 

Thanks once again.