L2 to H1 Transfer ----- based on earlier H1B filed

[srujana_aouk]

Hi All,

I am currently on L2-EAD and have been working from past 9 months. My Employer was ready to submit an H1B for me but with a day i missed the cap where as i had an H1B stamped in Jan-2009
from Company A and now my present company B is trying to make use of that visa to file the H1B transfer as i would not come under the cap. But i do not have the I-797 document where as the receipt number is available on the Visa.

Would this be a successful transfer? Can my H1B be approved with out i-797 document?

Thanks and Regards
Srujana

[shervin143]

Possible. Didn't you take a photocopy of your previous H1B approval notice? That was such an importnat documents for your records and how difficult was it to take a photocopy?

[srujana_aouk]

True shervin. But I didn't know that we can use the same h1 for transfer and it doesn't fall with out cap. More over when I entered us I came on l2 so didn't bring the documents with me . I really repent of not taking the photo copy of it but I have my receipt number on my visa in the passport.

Please suggest me as I see you posting for so many threads and also u seem to be more experienced on all these.

Thanks in advance.

Srujana

[shervin143]

Well, the receipt number is enough to prove that you were previously counted in the CAP. Any employer can file a new H1B petition using that CAP (receipt) number and request an immediate start date.

True shervin. But I didn't know that we can use the same h1 for transfer and it doesn't fall with out cap. More over when I entered us I came on l2 so didn't bring the documents with me . I really repent of not taking the photo copy of it but I have my receipt number on my visa in the passport.

Please suggest me as I see you posting for so many threads and also u seem to be more experienced on all these.

Thanks in advance.

Srujana

[srujana_aouk]

Approved H1B

Well, the receipt number is enough to prove that you were previously counted in the CAP. Any employer can file a new H1B petition using that CAP (receipt) number and request an immediate start date.

Hi All,

As shervin said I had my H1B approved and there is not much information they asked also. I am so glad that they have approved for the complete 3 years . So it is the Receipt Number which is important and in my case i had the Receipt number printed on the Visa.


Thanks Shervin and all.

Regards
srujana