H1B petition approved on 2008

rashmi_pradhan

By rashmi_pradhan,
in H1B : General

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jairichi Advanced Member

jairichi

Posted
Posted

Dear Team

 

I have a petition that was approved on 2008 , but I didnt went for stamping but I have my I797

 

Can I transfer my h1B and go to usa on the same petition instead of a fresh one

 

Regards

Yes, a new employer can file a cap exempt H1B petition anytime and on approval with a valid H1B visa and new I797 you can enter US to work.

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NeverStop Member

NeverStop

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Posted

Hello rashmi_pradhan / jairichi,

 

I am in the similar boat. I worked in US on L1B visas, and came back to India for good in Dec 2010. I am curious to know if the new employer can file cap exempt H1 despite of myself staying out of US for more than 3 years . Please post here when you get chance.

 

Thank you.

 

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jairichi Advanced Member

jairichi

Posted
Posted

Hello rashmi_pradhan / jairichi,

 

I am in the similar boat. I worked in US on L1B visas, and came back to India for good in Dec 2010. I am curious to know if the new employer can file cap exempt H1 despite of myself staying out of US for more than 3 years . Please post here when you get chance.

 

Thank you.

If you had been counted under cap once for a H1B visa then an employer can file a cap exempt H1B petition and you would get 6 years - time spent in US on previous H1B and L1B status.

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