h1 b issue

S

sunl

New Member
I have few questions.I have H1 visa approved in 2006 and I worked in USA for 6 months and then came to india after few months i asked my employer to send necessary documents for H1 stamping,they are now not willing to send the documents for stamping.Meanwhile i have joined one IT company in India and working from past 4 months.This indian company is nowplanning to send me to usa on B1 visa.
So my questions are,Can I transfer my H1 using my previous approval I have I-797 with me without stamping it,after going to usa on B1?
Or can i stamp H1 in india without other documents like I129 and LCA???
Or any other alternative to get my I-129 from INS.Please advice.
Thanks,
 
No, you cannot transfer from B-1 to H-1 solely on the basis of I-797. Pleas note that the scope of B-1 visa is restricted to meetings and technical discussion only.
 
Hi, when you are on H1 and want to apply for new H1, how it not counted for the cap? As per my knowledge, if anybody apply new H1, it should be subject to cap. Please explain.
 
champa123 said:
Hi, when you are on H1 and want to apply for new H1, how it not counted for the cap? As per my knowledge, if anybody apply new H1, it should be subject to cap. Please explain.
Click to expand...
That's a typical misunderstanding.
ALL the H1 application is new petition in the sense that it has no tie to the old application. H1 transfer is a new petition, H1 extension is a new petition, COS to H1 is a new petition.
 
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