My petition filed in 2006 and am I eligible for cap excemption and transfer

[pm_arunkumar]

Hi,

Company A filed a H1B petition in 2006 and was approved. In 2007 July 1st I went for stamping and there was a RFE which the company was not interested to proceed further and let it as it is. Now can I transfer this H1B to company B. If I am eligible for transfer will I fall into cap excemption.

 

How long this Petition (filed in 2006) is valid for transfer. Please let me know.

 

Thanks in advance

 

- Arunkumar

[jairichi]

Hi,

Company A filed a H1B petition in 2006 and was approved. In 2007 July 1st I went for stamping and there was a RFE which the company was not interested to proceed further and let it as it is. Now can I transfer this H1B to company B. If I am eligible for transfer will I fall into cap excemption.

 

How long this Petition (filed in 2006) is valid for transfer. Please let me know.

 

Thanks in advance

 

- Arunkumar

Yes, you are cap exempt. Find an employer willing to file a H1B cap exempt petition for you. 

[forumman]

For your petition filed in 2006, what is the expiry date on the I-797 ? You will be cap-exempt for new filings, but that petition holds invalid/expired.