Holds Stamped , Valid H1B Residing in India. Looking for Employer Transfer

#1
Hi

My BIL living in Hyderabad, he has H1 stamped (for Company A) valid till this June 2019 ( Couple of months valid), he never used / never traveled to US. However, he wants to change his employer ( Company B) before he wants to go to the US. In this context, we have the following questions.

1. Could Company B file H1 Cap Exempt?
2. If Yes, Can Company B get his Cap Exempt visa for next 3 years or only till June 2019?
3. Can the Company B file the Cap Exempt on Premium?
3. Does he need to go for another stamp again in US Consulate, India?
4. Would H1 Transfer option ( to Company B) before traveling to US is possible?

Please advice.
San
 

whitemimauz3

Registered Users (C)
#2
Since he was already approved H-1B now if he wants to work for different employer, they need to file change of employer. Current H-1B visa stamp is no good since there is no job at employer A based on whose job H-1B was stamped. Change of employer H-1b filed is not subject to CAP it is cap exempt.
 
#3
Since he was already approved H-1B now if he wants to work for different employer, they need to file change of employer. Current H-1B visa stamp is no good since there is no job at employer A based on whose job H-1B was stamped. Change of employer H-1b filed is not subject to CAP it is cap exempt.
Does the new Employer B need to do two-step process? 1. Change of Employer and Visa extension Cap Exempt? or just the Change of Employer itself includes the visa extension process?

Please advice.
 
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