To file a cap exempt H1B petition, Does I797 is needed or only visa stamp is enough

[sai1984]

Hi All,

I'm holding H1b visa with employer A . I haven't traveled to USA on this visa yet and working in India.

I've come across an employer B and they have agreed to file a cap exempt H1B petition. I haven't shared them my I797 copy but provided copy of my visa stamp and passport to employer B to show them that I hold H1B visa.

Now received a mail from B stating that they have processed my H1 transfer and it has been converted into their company's name and it was successful.

I have decided not to join B ,because he is not sticking to the contract offered. They have mailed me stating that they have incurred expenses for H1B transfer and forcing me to join them. Please clarify on below points :

1) Is it possible to file H1B transfer / file new H1B using previous year quota without I797 ?
2) Can the employer B file for a cap exempt H1B petition using my existing visa stamp of employer A.
3) Does he need I797 copy to file a cap exempt H1B petition or only Visa stamp is mandatory?



Regards,
Uma

[ineelabh]

Hi All,

I'm holding H1b visa with employer A . I haven't traveled to USA on this visa yet and working in India.

I've come across an employer B and they have agreed to file a cap exempt H1B petition. I haven't shared them my I797 copy but provided copy of my visa stamp and passport to employer B to show them that I hold H1B visa.

Now received a mail from B stating that they have processed my H1 transfer and it has been converted into their company's name and it was successful.

I have decided not to join B ,because he is not sticking to the contract offered. They have mailed me stating that they have incurred expenses for H1B transfer and forcing me to join them. Please clarify on below points :

1) Is it possible to file H1B transfer / file new H1B using previous year quota without I797 ?
2) Can the employer B file for a cap exempt H1B petition using my existing visa stamp of employer A.
3) Does he need I797 copy to file a cap exempt H1B petition or only Visa stamp is mandatory?



Regards,
Uma

Hi Uma,

I am facing kind of same situation so decide to help you.

1) Is it possible to file H1B transfer / file new H1B using previous year quota without I797 ? - No, the petition has to be transfer , so they need to provide original copy
2) Can the employer B file for a cap exempt H1B petition using my existing visa stamp of employer A. - Yes , They have this option available, employer can file attendum/transfer or cap exempt till 6 years based on your current H1B.
3) Does he need I797 copy to file a cap exempt H1B petition or only Visa stamp is mandatory? - Both are required.

Regards,
Neel