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H1 b transfer from India

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  • H1 b transfer from India

    Hello,
    My had H1-B started in December 2006. I moved to the USA from Jun-07 till Apr-08. Unfortunately, I had to return to India.
    Subsequently, I moved on with another company in India but my previous employer did not revoke my petition.

    Am I cap exempt and can apply for a I-797 right away by H1 transfer from India with new employer??

    I would really appreciate a quick response from you.

    Best Regards,
    ZZZ

  • #2
    Yes, that is possible.
    This is my opinion and not legal advice.

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