Can I use an old H1B for transfer

Asked over 1 year ago - Irving, TX

Hi,

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. Jason Eric Feldman

    Contributor Level 7

    2

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . 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. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I agree with Jason.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Christian Schmidt

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I agree with Attorney Feldman

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