H1B Stamping and Transfer Question

[ardentaj]

At present I am on L1b VISA and same company filed H1b with COS and it got approved and will be effective from Oct 2014.Unfortunately I have to relocate back now to my home country before my H1B is effective .

The question is in future will I be able to come back on H1B through other company even if I have no H1B stamping from my first company and will it be fine to transfer H1b from one company to another without having stamping from first company when I am in home country.

Else should the new company need to freshly file H1B peition through quota?

Any suggestion is very much appreciative.

[raghvi]

At present I am on L1b VISA and same company filed H1b with COS and it got approved and will be effective from Oct 2014.Unfortunately I have to relocate back now to my home country before my H1B is effective .

The question is in future will I be able to come back on H1B through other company even if I have no H1B stamping from my first company and will it be fine to transfer H1b from one company to another without having stamping from first company when I am in home country.

Else should the new company need to freshly file H1B peition through quota?

Any suggestion is very much appreciative.

As you are cap counted already, then using the H1 I797 Approved Petition as proof, any employer can file their own H1 petition as cap exempt petition and you can attend visa stamping for that company.

No need to be part of a new cap for the next 6 Years. Also, regarding the duration of H1, you would be eligible for only 6 Years Minus time already spent in L1 status .

This is my opinion not legal advice.