Please advise on entering US on H1 visa.

[mrcoolbuddy]

Hi All,

I have applied for H1 in 2007-2008 quota and got my visa (Mid April 08) after a 221(g) query with YYYY company. I have never used that visa as they could not provide me a job.

I have applied for H1 again in 2008-2009 quota with YYY company when my previous H1 was in 221(g) processing as i didnt have hope on AAA company's filing.

I have never entered US on H1 till now and now can i travel with the latest I797 of YYY company with the visa stamping i have? Or do i need to attend
for H1 stamping again with the YYY company's H1 approval.

I have B1 with my employer ZZZ in india and travelled thrice to US on B1 and i have a long term oppurtunity now with the same employer, ZZZ.
Can i use my H1 visa of YYYY with I797 of YYY company to work for ZZZ company? I mean i will Join YYY company and work for the ZZZ oppurtunity which is my present client.

Please advice me!

Thanks,
Cool

[kabkaba]

You can use H1 visa to enter using either YYYY or YYY company's petition approval notice and work for either of those companies. You will need a current job offer letter with them.

In order to work for ZZZ, they will have to file a cap-exempt petition while you are in India. You cannot work for them in the US otherwise.

[mrcoolbuddy]

Please reply!

Can you please tell me details of cap-exempt petition and how many days it will take for the petition approval? And how is different from normal H1 petition?

Thanks,
Cool

[mrcoolbuddy]

Can anyone pls reply to this thread? Much Thanks!

Can anyone pls reply to this thread? Much Thanks!

[kabkaba]

there is nothing different about cap-exempt petition, it is the same petition only mentioning that since you are already cap counted, you are cap exempt.
If Premium processing, it will be adjudicated in 15 days, if not it takes about 2-3 months. This does not count time required to answer RFE.
Also, once you enter the US showing a particular petition approval notice, you have to work for that employer until another employer's petition is approved.