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Can I use an old H1B for transfer

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.

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Attorney answers 3

Best Answer
Posted

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 .

Asker

Posted

Thanks a ton Jason for the prompt response.... also can the new employer proceed with only the receipt number and as I don't have the I797(neither har or soft copies).

Jason Eric Feldman

Jason Eric Feldman

Posted

That should be fine, as the officer can look it up based on the receipt number. You might consider including a screenshot from the USCIS website showing the case was approved.

Asker

Posted

Thanks again Jason

Posted

I agree with Jason.

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Posted

I agree with Attorney Feldman