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H1 Transfer before Oct

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  • H1 Transfer before Oct

    I have filled my H1 and still waiting for approval..... Suppose I get my H1 approved and if I have to change my employer after a month of approval of my H1 will the new employer have to file a fresh H1 or they just need to do a transfer ??

    Thanks in advance for your reply

  • #2
    You need a copy of the approved H1 and they can use that to get a H1b approved without being subjected to cap. Every H1b is treated as a new H1b, there is practically no thing called a H1b transfer. Only difference is being subject to cap or not.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      What you mean by cap. Can you please explain it in laymen terms sorry

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      • #4
        It means H1B quota. Once your H1B gets approved, you are counted against the H1B quota (H1B CAP) and it is valid for 6 years. If you provide a copy of your old H1B approval notice, it will prove that you are already counted aginst the CAP and so a petition can be filed for you even if the current years quota is closed.

        Originally posted by manit_84 View Post
        What you mean by cap. Can you please explain it in laymen terms sorry
        Not a legal advice. Use of this information is strictly at your own risk.

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