H1 Transfer – Is my case eligible?

[suvajit-p]

Hi All,

I need your help and guidance regarding H1 transfer. Here are few details.

1. H1 was filed my employer A in 2005.
a. Receipt Date – 16th June 2005 ; Notice Date – 4th September 2005.
b. Valid from 1st October 2005 to 10th May 2008

2. H1 extension was filed by the same employer A in 2008.
a. Receipt Date – 27th March 2008 ; Notice Date – 8th May 2008
b. Valid from 6th May 2008 to 6th May 2010
c. I’ve petition papers for this

3. H1 extension was again filed by the same employer A in 2009 and I got receipt number as well. However, I returned to India in January 2010 due to personal emergency. Eventually, I left company A in April 2010.

4. Current case status for above receipt number is “On July 13, 2010, we mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days of July 13, 2010, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence."

5. I spent around 2.5 years in USA

Currently, I’m in India.

A. Can I initiate H1 transfer through my new employer B?
B. Is this case eligible for cap-exempt?

Thanks & Regards,
Suvajit

[raghvi]

Hi All,

I need your help and guidance regarding H1 transfer. Here are few details.

1. H1 was filed my employer A in 2005.
a. Receipt Date – 16th June 2005 ; Notice Date – 4th September 2005.
b. Valid from 1st October 2005 to 10th May 2008

2. H1 extension was filed by the same employer A in 2008.
a. Receipt Date – 27th March 2008 ; Notice Date – 8th May 2008
b. Valid from 6th May 2008 to 6th May 2010
c. I’ve petition papers for this

3. H1 extension was again filed by the same employer A in 2009 and I got receipt number as well. However, I returned to India in January 2010 due to personal emergency. Eventually, I left company A in April 2010.

4. Current case status for above receipt number is “On July 13, 2010, we mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days of July 13, 2010, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence."

5. I spent around 2.5 years in USA

Currently, I’m in India.

A. Can I initiate H1 transfer through my new employer B?
B. Is this case eligible for cap-exempt?

Thanks & Regards,
Suvajit

If you were in valid H1 status and have valid H1 pay stub for Jan 2010 and have the approval copy of that it could be possible for the next employer to file a cap exempt petition.

This is my opinion not legal advice.

[suvajit-p]

If you were in valid H1 status and have valid H1 pay stub for Jan 2010 and have the approval copy of that it could be possible for the next employer to file a cap exempt petition.

This is my opinion not legal advice.

Thanks Raghvi.
Is there any way to find out if last extension was approved before it was withdrawn? How does that impact transfer?

[raghvi]

It doesnt matter. You already had a valid H1 till May 2010, so am assuming you were having a valid I-94, I797, and valid pay stub for the month of Jan 2010.

This is my opinion not legal advice.