H1 b issues

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,
 
Just find a new employer and ask for them to file for a new H1B for you. With your old 797 you won't be subject to the quota.
 
I read few threads about H1 transfer or applying new H1 with approval(cap exemption).But I have only approval notice I went to usa on H4 got H1 approval in 2006 and its not stamped,so can i find new employer in india to get my new h1 or transfer? i a in india now.
thanks.Please advice
 
You can get an H1 without the cap for the remainder of the time, so some 4 years or so. Just file for a new H1 and attach the old approval notice as proof that you are not subject to the cap.
 
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