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Unused H1b Transfer

Discussion in 'Nonimmigrant Visa Applications' started by Kishore G, Mar 24, 2015.

  1. Kishore G

    Kishore G New Member

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    I have applied for H1B in 2008 and got approved but due to personal situations, I have never used the H1b nor got stamped.

    However I was trying to apply for a new H1B this year and heard that I can transfer the unused H1b through a different company.

    I have read through several forums and not clear on what's the right approach

    1. Do have to File a new H1b but will I be Tax-exempt
    2. Can I do an H1b Transfer

    Please let me know how I should approach to file H1b
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, the time to use that old approval has long since passed. You are subject to the new cap.
     
  3. Kishore G

    Kishore G New Member

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    hi Ron,

    Thank you for the prompt response. My H1b was valid till August 2011. I heard I can use the cap-exempt for 6 years. what's the time limit to use the old approval.

    Thanks,

    KG
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the APPROVAL was in the last six years you are cap exempt.
     

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