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.
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 .
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2 lawyers agree
I agree with Jason.
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