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H1b Transfer Query

Discussion in 'Nonimmigrant Visa Validity' started by mangala, Aug 25, 2014.

  1. mangala

    mangala New Member

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    Hello Sir,

    My H1B was issued in Company A on November 2007 and got expired in may 2010.
    I have travelled to US on H1b for 3 months in 2008.
    Now I am working for Company B. Can I apply under cap exempt limit to get h1B transferred to another company?

    Thanks & Regards
    Mangala
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Since you have not been the beneficiary of a petition APPROVED in the last six years, you are subject to the cap.
     
  3. mangala

    mangala New Member

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    Thanks Ron for your reply. But my H1B was valid till May 2010. Correct me if I am wrong. H1B status should be calculated from date of expiry right? And also my stay in US was just 3 months. So eligible for exemption. When I searched got this information. Just wanted to clarify.
     
  4. Satheessh

    Satheessh New Member

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    Hi,
    I have got my H1B stamped and was valid from 1st Oct.2007 to 31 Aug.2010,
    but I traveled to USA on 28th April 2008 and
    visited back to India for 15 days (came to India on 8th Aug. 2008 and returned to USA on 25th Aug. 2008) and
    Finally returned back to India on Jan 6th 2009, got new 797 from another employer in 2008 which was
    valid from 8th Dec. 2008 to 1st Oct. 2011 but did not used this second 797 for stamping.

    Overall I stayed in US for 7.5 Months approximately.

    Again I went to USA on B1 visa in May 2014 for 14 Days and came back to India in 14 days only (however the admission was given till Nov. 2014).

    Please kindly check and suggest me if i am eligible for cap exemption, since i stayed in USA for only 7.5 months.

    Thank you in Advance
    Sateesh J
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is something that is very much up in the air. The new regulations aren't exactly a model of clarity. We are getting RFEs for cases similar to yours. The clear implication being that they will deny the petition.
     

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