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Can I use an old H1B for transfer

Irving, TX |


I am currently on H4 and I've a existing H1b from a previous employer. Salient features of my case are :

* H1B issued and approved and stamped in India from Company X on 10th Oct,2009(issue date) -- 15 July,2012(expiry).
I never travelled on this visa.

* in 2011 I came to US after marriage and I'm currently in H4 status.

1) Can I use my earlier H1B which was approved but never travelled used for transfer to Company B.
If yes, is this cap-exempt and valid for 6years(from issue date of 2009).

2) Do I have to get the transfer done before 1 year from the expiry i.e. before 14 July, 2013. Is there any such stipulation?

Thanks in advance.

Attorney Answers 3

  1. Best answer

    You would need to do a change of status from the H-4 visa to an H-1b. Since your H-1b petition was approved within the last 6 years, you were already counted, and are not subject to the cap.

    There is not a stipulation that you need to have the transfer done within a year .

  2. I agree with Jason.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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