H1B Petition transfer

[pm_arunkumar]

Hi,

My previous employer applied for H1B in 2012. I left the organization by October. Meanwhile USICS has asked the company to provide with additional information (to provide the client letter). My previous employer who applied for H1 did not respond. Now when I check the status it says "Mailed a notice acknowledging withdrawal of this application or petition. I129 PETITION FOR A NON IMMIGRANT WORKER". Now is it possible for me transfer the H1 to another employer without the quota. Please let me know.

 

Thanks in advance.

 

Thanks,

Arunkumar

[jairichi]

No, you can not. Only if your fresh H1B was approved you can transfer. But, in your case the employer has decided to withdraw

[pm_arunkumar]

Ok thank you for your response.

[pm_arunkumar]

Also can you please let me know weather I can apply for new H1 petition without cap. Also I had a approved petition which was approved on 2008. For the second petition I went for stamping on July 1st 2008 but RFE(query) was put on this petition. But the company did not respond. Now can I file a new petition without cap on this. Please let me know.

Thanks in advance.

Thanks,

Arunkumar

[0407]

You need to have at least one approved H1B petition to be able to apply for a new H1B without being subjected to cap. 

[jairichi]

Completely confused with your situation. Let us know details of your H1B petitions like when it was applied, approved or not, visa stamped or not, in chronological order.

[pm_arunkumar]

Hi,

In my previous posting there are 2 different thing (2 H1B petition)

 

My previous employer filed a H1B in 2007 and it was approved. On july 1 st 2007 I went for stamping. There was a query on my petition asking for client letter which my employer did not provide. Then I left the company and joined another organization. Now my new employer is willing to transfter the petition. My question is.

1. Can I transfer the petition which was approved in 2007? If so what will be the time frame within which I have to transfer.

2. If I cannot transfer, can I avail the cap-exemption if I apply for a new petition. if so how long I can use the cap excemption.

 

I am really worried on this.Please help me with the answer.

 

Thanks in advance.

 

Regards,

Arunkumar

[jairichi]

(1) Ask your new employer's attorney to check whether the H1B petition filed in 2007 is good or not as you ignored to provide a client letter at the time of visa interview.

(2) If it is indeed good then your new employer can file a H1B petition (cap exempt) and you can join immediately once it is approved and your visa stamped.

[pm_arunkumar]

Thank you very much for the reply.

 

Regards,

Arunkumar