i797A Transfer from India

[Gourishankar Aechoor]

Hi,

Here is the background:
I visited US on H1b but due to some project commitments, my employer extended my stay and for H1B while I was in US. The petition was accepted on OCT 11 2012 and I got my I747A. I had returent back to India in December 2012 with the idea that I would get my Visa stamped and come back immediately as it is a safer option. However due to some personal commitments I had to postpone my plans and so never went for stamping.

Currently I am working for another organization and they are interested in getting me to US on H1B. The organization that applied for my H1b is a US based company
My questions are:
Can my H1B be transferred to my current Employer
Would they have to file a LCA base on their location in US and then file for a cap exempt petition using this approval notice.

I am looking for some guidance on how best to go forward with my H1B transfer.

Thanks in advance and appreciate your time.
Gourishankar

[raghvi]

Hi,

Here is the background:
I visited US on H1b but due to some project commitments, my employer extended my stay and for H1B while I was in US. The petition was accepted on OCT 11 2012 and I got my I747A. I had returent back to India in December 2012 with the idea that I would get my Visa stamped and come back immediately as it is a safer option. However due to some personal commitments I had to postpone my plans and so never went for stamping.

Currently I am working for another organization and they are interested in getting me to US on H1B. The organization that applied for my H1b is a US based company
My questions are:
Can my H1B be transferred to my current Employer
Would they have to file a LCA base on their location in US and then file for a cap exempt petition using this approval notice.

I am looking for some guidance on how best to go forward with my H1B transfer.

Thanks in advance and appreciate your time.
Gourishankar

If you have your past employer's I797, the current employer can file a cap exempt petition. Yes they would first file LCA and then file cap exempt I129. Once the I129 is approved they would get a new I797 using which you can schedule fresh visa stamping interview by filling DS-160.

This is my opinion not legal advice.

[Gourishankar Aechoor]

If you have your past employer's I797, the current employer can file a cap exempt petition. Yes they would first file LCA and then file cap exempt I129. Once the I129 is approved they would get a new I797 using which you can schedule fresh visa stamping interview by filling DS-160.

This is my opinion not legal advice.

Thanks so much for you advise Raghvi. Much appreciated.

[Gourishankar Aechoor]

If you have your past employer's I797, the current employer can file a cap exempt petition. Yes they would first file LCA and then file cap exempt I129. Once the I129 is approved they would get a new I797 using which you can schedule fresh visa stamping interview by filling DS-160.

This is my opinion not legal advice.

Hi raghvi,

Thanks for you reply. One additional question please. Is there any particular time of the year that an employee can file for an LCA for situations such as mine(H1B Transfer from India). What I am wondering is, can the employee initiate the process of filing an LCA and all the other Steps that follow any time in an year or will they have to wait for say March of next year as this year window is closed?

Thanks,
Gourishankar

[raghvi]

Hi raghvi,

Thanks for you reply. One additional question please. Is there any particular time of the year that an employee can file for an LCA for situations such as mine(H1B Transfer from India). What I am wondering is, can the employee initiate the process of filing an LCA and all the other Steps that follow any time in an year or will they have to wait for say March of next year as this year window is closed?

Thanks,
Gourishankar

From an immigration point they can file it any time of the year. I dont know if they have internal company policies which may prevent year round filing.

This is my opinion not legal advice.

[Gourishankar Aechoor]

If you have your past employer's I797, the current employer can file a cap exempt petition. Yes they would first file LCA and then file cap exempt I129. Once the I129 is approved they would get a new I797 using which you can schedule fresh visa stamping interview by filling DS-160.

This is my opinion not legal advice.

From an immigration point they can file it any time of the year. I dont know if they have internal company policies which may prevent year round filing.

This is my opinion not legal advice.

Thanks raghvi, much appreciated.