H1b cos transfer after withdrawn

[bavina]

Hi,

 

In 2014, I was on L1B visa in US from company A and company B filed H1b cos which got approved. My I94 was expiring on the month of oct-14 so I requested new employer for I94 and approved I797 but he didn't and was keep saying unless you sign a contract or get into job we would not give you any document. Due to I-94, I had to leave the country. When i went back to home country, employer A filed L1B extension after certain period of time which got approved and entered in US again on L1b. Now, employer B is saying either join me or we would withdraw your petition. I never worked on H1b and it is unused petition. I have following questions and appreciate your help if you can answer them-

 

1) Even if employer B withdraw, can I transfer to new employer?

2) Will it be in a cap-exempt transfer?

 

 

 

Thanks,

bavina

[jairichi]

1. Yes.

2. Yes.

[bavina]

Thanks for your reply!

The h1b transfer is accepted by USCIS under cap-exempt for L1 stay + H1 (unused) - 6 year recapture period.

[jairichi]

Thanks for your reply!

The h1b transfer is accepted by USCIS under cap-exempt for L1 stay + H1 (unused) - 6 year recapture period.

Congrats. Glad to know things went well for you. Thanks for the update.