To file a cap exempt H1B petition, Does I797 is needed or only visa stamp is enough

[uma1984]

Hi All,

 

I'm holding H1b visa with employer A . I haven't travelled to USA on this visa yet. 

 

I've come across an employer B and they have agreed to file a cap exempt H1B petition. I haven't shared them my I797 copy but provided copy of my visa stamp and passport to employer B.

 

Now received a mail from B stating that they have processed my H1 transfer and it has been converted into their company's name and it was successful.

 

I have decided not to join B ,because he is not sticking to the contract offered. They have mailed me stating that they have incurred expenses for H1B transfer and forcing me to join them.

 

1. Is it possible to file H1B transfer / file new H1B using previous year quota without I797 ?
   
2. Can the employer B file for a cap exempt H1B petition using my existing visa stamp of employer A.
   
3. Does he need I797 copy to file a cap exempt H1B petition or only Visa stamp is mandatory?
   

 

 

Regards,

Uma

[rahul412]

If you have not signed ANY contract agreement then you are good to go.

I think you made a VERY GOOD decision by not signing that agreement.