Recently I had my first H1 visa approved with the starting from 1st March this year, which has been counted against the 2004 fiscal year quota. Currently my status is that I am still on this H1 visa. I would like to transfer this visa from my current employer to a new employer, but do not have any pay stubs from my current employer since it has been only 3 weeks that I joined them.
But since I am having a difficult time working for my current employer and need a way to somehow change my employer and start working for the new employer, I am looking at H1 transfer as one option, but in case it does not get approved by USCIS, I am looking at other options.
Can l currently - apply for a new fresh H1 visa (instead of the transfer) for this New employer, and if so- what are chances of this getting apporved - as I would be "EXEMPT" from the cap, as I already had a H1 visa approved earlier this year which got counted against 2004 fiscal year cap.
I have read confirmed reports that someone who has been on H1 visa status before (counted against the cap) are exempt from the cap if they apply for a new H1 visa. Is this applicable for someone who is currently on that same H1 visa that was earlier counted against the cap?
Thanks for your valuable reply.
But since I am having a difficult time working for my current employer and need a way to somehow change my employer and start working for the new employer, I am looking at H1 transfer as one option, but in case it does not get approved by USCIS, I am looking at other options.
Can l currently - apply for a new fresh H1 visa (instead of the transfer) for this New employer, and if so- what are chances of this getting apporved - as I would be "EXEMPT" from the cap, as I already had a H1 visa approved earlier this year which got counted against 2004 fiscal year cap.
I have read confirmed reports that someone who has been on H1 visa status before (counted against the cap) are exempt from the cap if they apply for a new H1 visa. Is this applicable for someone who is currently on that same H1 visa that was earlier counted against the cap?
Thanks for your valuable reply.