H1b “transfer” from India without stamping/being on-site

taxsaver

Registered Users (C)
Hi,

I am btech from India, never been to the US and have got I-797 approval starting from October 01, 2010. Say its march, 2011 now and my employer never got my stamping done from embassy and never sent me on-site. Few questions regarding this:
1) What if I switch my job in India and want to use the old H1B approval? Is it possible for my new employer to apply for H1b based on my old H1B approval (so that im not subject to the cap-gap)?
2) If yes to #1, what would be the process and how easy/hard is it? What all documents would I need? Would I need a “no-objection/credential verification” letter from my old employer?
3) If yes to #1, do I need to have worked with my new employer for a minimum period of time (say 1 year) before they can send me on-site on the H1b?

Thanks much folks! Appreciate even partial answers.
 
Hi,

I am btech from India, never been to the US and have got I-797 approval starting from October 01, 2010.
Say its march, 2011 now and my employer never got my stamping done from embassy and never sent me on-site.
-------It is not duty of employer to get Visa stamping from US consulate/US embassy. You have to get stamping done.
Few questions regarding this:
1) What if I switch my job in India and want to use the old H1B approval?
------H1 has nothing to do with your job in India with Indian employer

Is it possible for my new employer to apply for H1b based on my old H1B approval (so that im not subject to the cap-gap)?
------------US employer CAN file Fresh H1 for you with USCIS and if you give the copy of past H1 approval then your H1 will not be subject to Cap

2) If yes to #1, what would be the process and how easy/hard is it? What all documents would I need?
-------- it is the same process that Past employer did. same documents that sent to past employer+copy of your H1 approval notice
Would I need a “no-objection/credential verification” letter from my old employer?
---------------NO

3) If yes to #1, do I need to have worked with my new employer for a minimum period of time (say 1 year) before they can send me on-site on the H1b?
------????? dont understant your question 3. If you never worked on H1 with old employer in US then nothing is needed from him if you have H1 approval Notice.

Thanks much folks! Appreciate even partial answers.
------------------------
 
Thanks much for your help ginnu.
To Clarify:
1) So even if I havent got H1B visa stamp from old employer, I can still apply for H1b from new employer based on old I-797 (to escape cap)?
2) For the new H1b application from new employer, do i need a photocopy of my old I-797 or the original?

Thanks again.
 
Thanks much for your help ginnu.
To Clarify:
1) So even if I havent got H1B visa stamp from old employer, I can still apply for H1b from new employer based on old I-797 (to escape cap)?

-----Yes, new employer can file H1 for you. Old copy of H1 approval is needed just to inform USCIS that you got H1 earler.
2) For the new H1b application from new employer, do i need a photocopy of my old I-797 or the original?
------Photo copy of Old H1 approval notice AND same documents that you gave to First employer for H1(like: Copy of passport pages, Copy of all the EXP letters, Degree certificates and education evaluation )ask new employer what he needs from you.

Thanks again.
FYI it in NOT a Guarantee that new employer H1 will be approved.
 
Top