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H1B approved -- how to transfeer

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asked Dec 3, 2015 in H1B: Transfers by dbn (150 points)
Hello Experts,

Almost three months in RFE today I got confirmation that my H1B petition approved applied by X employer. But last month I left X Company due to project & some personal issues and joined Y Company... Need your suggestions on feasible options how I can fly to with approved petition... Can my current company (Y) can file H1B transfer or need to go for new filing with cap-exempt.

1 Answer

0 votes
answered Dec 3, 2015 by dan (24,544 points)
Your new employer can file an h1b transfer and you are cap-exempt. You will need to get a new h1b approval,  get a new h1b visa stamped to fly.

Do you have a copy of the h1b approval notice from previous employer?
commented Dec 12, 2015 by dbn (150 points)
Hi Dan, Thanks for the reply..

I have asked my current employer to transfer the H1B but now they are asking to get a copy of I797 and they are saying I797 is mandatory to share to process the transfer . Is I797 is mandatory .. i think my previous receipt number is sufficient.. Please guide how to deal with this...

Also not sure if my previous employer will share approval notice I797 ans its employer property
commented Dec 12, 2015 by dan (24,544 points)
It may be risky for Employers to file without a copy of the H1B approval notice. There is no way to figure out if the H1B receipt number belongs to you.  

1) Ask the previous employer to share a copy (They may not)
2) Open FOIA request with the USCIS to obtain documents

What is FOIA request?

FOIR is the USCIS Freedom of Information Request, you may request USCIS to send you copies of documents filed. They will send you copy of the I-129 petition which has your receipt number and approval stamped on it.

How do I submit an FOIA request?

You may write a letter with your Name, passport number and case type. Please use a United States address as the report is being sent in a Compact Disc. You can mail or fax NOIA request for USCIS records, including alien files and procurement information, to the National Records Center.

U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Live Assistance: 1-800-375-5283
Fax (802) 288-1793 or (816) 350-5785
uscis.foia@dhs.gov

Alternatively you may file FORM G-639 and it is not required http://www.uscis.gov/sites/default/files/files/form/g-639.pdf

The form may be Mailed, emailed or faxed. However, emailing did not yield a good response based on our recent experience.

How long does it take to obtain records?

USCIS takes anywhere between 1-3 months to process your request, so plan right away

I am not in the United States, can I still submit a request?

Yes, it’s better to use a local US address of a friend or relative or even your new employer.

You may also find this article at: http://h1bsupport.com/blog/33/how-to-use-cap-exempt-h1b-with-faqs

If you need someone to help for free, please comment and we will contact you.
commented Oct 1, 2016 by shaswat09 (400 points)
Hi Dan

What are the fees of H1B transfer in case of American company ?. My H1B just started

Does it depends on how much time left on current H1B visa ?

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

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