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Is H1 Transfer Possible Without Visa Stamped ever

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02-27-2009, 02:19 AM

h1loser

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Is H1 Transfer Possible Without Visa Stamped ever

Hello,
I got my H1 approval (I797 doc) last year (August, 2008 valid till Oct 2011) [Note: it was NOT cap exempt.]

After getting approval my employer told me they are facing problem finding work for their existing employees therefore they are not sharing stamping documents with me until the situation gets better. This means they are not calling any new person to US on H1. So I never applied for H1 visa and I am still working in my home country.

My questions are:
1- Can I find some new employer now and ask him to transfer my H1? (I just have canned copy of my I797 document with me. Not even the original).

2- Would it be treated as H1 transfer or as a new H1 request?

3- If its new H1 request, then would I need to be selected through balloting once again? or is it cap exempt this time?

4- If it is cap exempt then should I must apply for H1 before April 1? Or I can apply anytime during the year?

Thanks a lot for your help and advice.

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