H1 B(Consular Petition Transfer & Stamping)

[chenna]

Hi,

 

1)  Can i transfer approved H1 B consular petition to new employer next month ( Oct 1st)  ? 

2) If H1B revoked after approval of consular petition, can i qualify to file Cap exempt H1 B with another employer ?

 

3) Can i go for stamping in Canada for consular petition or is better to go in India ?

 

Thanks

[jairichi]

1. Yes.

2. As long as it is not revoked before Oct 1st.

3. Anywhere they entertain your application as all US consulates are same as they follow standard procedures.

[itsmeusa]

1. No. Consular approved H1b meaning your H1b petition is approved, not status. As you don't have H1b status, there is no ground to transfer.

2. No. You would enjoy cap exempt H1b only if you have received H1b visa stamp OR you have approved COS from other non-immigrant status to H1b status. You don't qualify for both these rules.

3. Your choice.

[pontevecchio]

Talk to the firm of Murthy about the matter. Forums can only help in a cursory manner. This is an area where you would seem to be able to get a new employer to file after October,1.