H1B Tranasfer process

[venkitta]

Here is my situation.  My apologies if this type of scenario already answered and any pointer would be greatly apprecaited.

 

Visa Type : H1B

Year : 7th Year

GC Category : EB2

I-140 status - Approved

I-485 - Not filed yet as priority date is not current

 

Company A filed my H1B and due to family situation, I had to return to India and work for the same company (Company A).  Company A is still holing my H1B and I-140 but not revoked yet.

 

Now, I got the offer from Company B based out of India but they are not interested to process my GC.

 

Here are the questions.

 

1.  Am I on cap or non-cap quota?

2. Can Company B, just do H1B transfer without filing I-140 or not continue GC process?

3.  I'm in India so I do not have any USA payslip for the past 3 months. What are the documents required for H1B Transfer?

 

Any help/pointer is greatly appreciated.

 

Thanks

-SVN

 

 

[jairichi]

Here is my situation.  My apologies if this type of scenario already answered and any pointer would be greatly apprecaited.

 

Visa Type : H1B

Year : 7th Year

GC Category : EB2

I-140 status - Approved

I-485 - Not filed yet as priority date is not current

 

Company A filed my H1B and due to family situation, I had to return to India and work for the same company (Company A).  Company A is still holing my H1B and I-140 but not revoked yet.

 

Now, I got the offer from Company B based out of India but they are not interested to process my GC.

 

Here are the questions.

 

1.  Am I on cap or non-cap quota?

2. Can Company B, just do H1B transfer without filing I-140 or not continue GC process?

3.  I'm in India so I do not have any USA payslip for the past 3 months. What are the documents required for H1B Transfer?

 

Any help/pointer is greatly appreciated.

 

Thanks

-SVN

1. Based on approved I-140 you are cap exempt.

2. Yes, using approved I-140 from employer A.

3. No issues with pay slips. Employer B's attorney would guide you with required documents.

Make sure whether your employer A would revoke your approved I-140 or not.