H1B Transfer


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  • 3 weeks later...

Based INA Section 214(g)(7) and recent decisions from USCIS, YES. So what is different between Example 2 and Example 3? The timing of the first H-1B.  INA sec 214(g)(7)) states:

"Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection ©, toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once."




This simply means that you can apply for H-1B transfer under the cap exempt limit, but it is sure to get denied!!

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