H1 Stamped in 2000 but not used, can we transfer this H1 now without Cap?


jagan2480

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Hi,

 

I need all your advice (experts & attorneys)

 

My brother got two H1 approvals (I129 those days and now I797) in 2000 and went for stamping with one H1 approval, got stamped for this H1. He never came to USA on the stamped H1 and he never used the other approved H1 (did not went for stamping also). He came to USA last year on B2 visa (visiting only).

 

Question is,

Can he use one of these two approved H1's to H1 transfer to a new employer now without H1 CAP (not like fresh H1 filing under CAP)?

 

Please help me with your answers.

 

Thank you in advance.

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Hi,

 

Mine case is also similar, can some one help us..

 

 

 

Receipt Number: EAC0103850902

> Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER Current

> Status:

> This case has been approved. On January 25, 2001, an approval notice

> was mailed. If 14 days have passed and you have not received this

> notice, you may wish to verify or update your address. To update your

> address, please speak to an Immigration Information Officer during

> business hours.

>

> If you have questions or concerns about your application or the case

> status results listed above, or if you have not received a decision or

> advice from the BCIS within the projected processing time frame*,

> please contact the National Customer Service Center.

>

>

>

>

>

> National Customer Service Center

> (800) 375-5283

> * The projected processing time frame can be found on the receipt

> notice that you received from the BCIS.

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No he cannot use any more... He will be Cap Exempt for 6 years only and 1 year if he is outside the country...

That is not quite correct.

There is a bit.of a gray area if the H1 approval was more than 6 years ago. But a good lawyer can handle that.

As for time abroad, if a person has been abroad for over a year, the person has a choice of getting the remainder time or have an employer file in the quota and get a new 6 years.

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Hi,

 

Sorry for late, I can see conflicting answers. We talked to an attorney firm and they are saying it's not possible, they might be telling this because all will be busy now due to holiday season and New H1 filing time also coming.

 

Please post here whether it can be CAP exempt or not for this case H1 transfer? Please all experts or attorney's, help me.

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Hi Satish,

 

Did you see anyone done H1 transfer like my brother's case? If the case approved more than 8 years or so and got H1 approval? Please let me know. If you know any attorney who did like this?

 

please send me private message if you know someone who did like this. This will be great help.

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Hi,

 

Sorry for late, I can see conflicting answers. We talked to an attorney firm and they are saying it's not possible, they might be telling this because all will be busy now due to holiday season and New H1 filing time also coming.

 

Please post here whether it can be CAP exempt or not for this case H1 transfer? Please all experts or attorney's, help me.

Talk to an attorney from Murthy law firm. Have a look at this post.

http://forum.murthy.com/index.php?/topic/72359-h-1b-cap-exemption-issues/?hl=attorney_25#entry282812

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