Is my H1B cap exempt and eligible for transfer?

[nvenki83]

Hello

 

I had my petition validity from 10/01/2007 through 09/20/2010 and had H1B visa got stamped in 2007, and was valid till 2010. But, I never traveled using it (however, have traveled on B1 visa).

Could you please let me know if my case still fall under cap-exempt and if I can reuse same petition or receipt so that we can go ahead filing for h1 transfer from a different employer?
 

thanks in advance

Srinu

[pontevecchio]

You should discuss it with the firm of Murthy as the rules have possibly changed since. There seems to be a deafening silence over the specifics of any new rule about having to be once in H1 status in order to transfer. I suspect you are fine.

[bond_bhai]

Yes it does. You would need to ask your employer (either current or a new one) to file for a new petition. I don't think a "transfer" using the same petition is possible since you are offshore.

[nvenki83]

@bond_bhai

Can you brief what you mean by new petition, as you said we cannot do transfer??