H1 transfer from India

[sreedhar_blr]

Hello all,

I had applied H1 in 2006 and got it approved. But wasn't able to get the stamping since the US consulate gave me a 221g asking for more documents from the employer side. I never got those documents till date. I couldn't make it through the lottery this year with my own present employer. I came to know that I can do a H1 transfer (of my 2006 H1 which is still valid) to another employer, even though i never entered US. Any of them who had done a H1 transfer this way, Please reply. I would like to know the probability of getting this transfer approved.

Also any employer who would like to help in getting this transfer done, please send an e-mail to [email protected].
I have 4 years of experience in developing .NET based solutions and a computer science graduate from one of the REC's.

Thanks
[email protected]

[txh1b]

It is possible to do that provided your H1b was not revoked by the Consulate in which case the cap number gets re-captured and it no longer belongs to you.

http://www.immihelp.com/forum/showthread.php?t=40595

Aren't they NITs now?

[orion]

I think the case is revoked by USCIS if documents are not submitted within an year following 221g.

[sreedhar_blr]

Orion,
Not exactly. the 221g form mentions that the documents have to be submitted before 1 year. The implied meaning is that I do not have to setup a new visa appointment with US consulate, If i submit the documents before one year. After one year, I need to make a fresh appointment with the US consulate if i want to submit the documents. I dont think USCIS would go and revoke a petition by itself, unless the employer does that. But It would cost money for such a revocation and hence most of the employers would not do that. Given all these there is no way to find out if my petition is still valid unless otherwise I do a transfer on that which costs MONEY. The online case status shows its approved (in 2006) but the attorney says it may not be the latest status.

txh1b,
yes. Its NIT now.

I have seen everybody talking about this, but yet to find some one who has really done this.

Sreedhar

[txh1b]

Consulates do revoke petitions if they determine the H1b job that was petitioned for does not exist or if some critical documents that were asked for were not submitted that suggest the same. People that have success do not take the trouble to come back and post their experience for using the remainder option. That is very human. Look at this forum and tell how many people ask for advise and never show up to report their experience.

There was one case that reported this done in the past on another forum.