Transfer of Never Used H1b

[VijayV]

Hi,

I am currently in India and have a valid stamped h1 visa which is going to expire in Sep'13. Its an unused visa, i never travelled to US on this Visa. My company is not interested in sending me to US anymore, Is it possible to transfer the Visa to another US company. Can i travel to US with New I797 and Old stamped Visa ? Or do i need to go for stamping again. Its an unused visa so once the new company transfer it, can i get the whole 3 years during transfer or do i need to file an extension again in Sep'13 ?

I would really appreciate if anyone can help me with all these questions.


Thanks!!
Vijay

[kabkaba]

Another employer can file a cap-exempt petition for you with immediate start date and request 3 years duration. After approval, you can use the same Visa (if not expired) and new petition to travel to US.

[VijayV]

Thanks Sir, i have one more question

Thanks Sir for your reply. I have more answer if you could answer that also.

Does LCA required at the POE ? Few consultant approached me saying that they will provide me client letter and i can come to US based on current company VISA and I797 and their Client letter( work order ) and once i am in US they will transfer my H1b.

Is it possible this way ?


Please help me in finding answers to these questions as i dont have much time before my visa gets expire in Sep'13.

Really appreciate your help.

Vijay

[kabkaba]

Thanks Sir for your reply. I have more answer if you could answer that also.

Does LCA required at the POE ? Few consultant approached me saying that they will provide me client letter and i can come to US based on current company VISA and I797 and their Client letter( work order ) and once i am in US they will transfer my H1b.

Is it possible this way ?


Please help me in finding answers to these questions as i dont have much time before my visa gets expire in Sep'13.

Really appreciate your help.

Vijay

That is not right. If you travel with current employer's petition, you have to work for the current employer. Other employers can file petition for you irrespective of that, but the petition cannot include extension of status since you will not be maintaining status by working for petitioner. (You will be out of status).