Hi,
I got H1-B petition (I-797) approved in 2008 but due to recession, I couldn't appear to consulate office. I did not get a chance to work in US for that employer so I don't have any pay stubs for that employer.
The petition is approved till 2011. And now I am planing to either appear for visa stamping or transferring I-797 to any other sponsor.
My queries are -
A-Appearing for Visa stamping now after long time is right option or is there any chance of rejection?
B-Since My current employer is not able to employ me there,I want to transfer my I-797. Can It be possible? How much risk is there? If it can be done that what is the process of that please?
C-Since petition is valid till 2011, If I get stamped this year Oct / 2010 what will be duration of visa?
D-Any sponsrs list ?

If you don't have an ongoing offer of employment, as you say, the H-1B is not likely to be issued. They certainly will ask with such a long delay from approval to visa application. Since the petitioner has no job for you, I would not apply for the visa. Please note that many companies automatically withdraw H-1B petitions in such cases. Confirm this with your company immigration attorney.

Better to get another H-1B petitioner and file again. You should not be subject to the cap, as you have already been counted. Good luck.

if you dont have an ongoing offer of employment, as you say, the H-1B is not likely to be issued. they certainly will ask with such a long delay from approval to visa application. Since the petitioner has no job for you, I would not apply for the visa. please note that many companies automatically withdraw H-1B petitions in such cases. confirm this with your company immigration attorney.

better to get another H-1B petitioner and file again. you should not be subject to the cap, as you have already been counted. good luck.


Thanks NYcityboy, but I am confused about the meaning of filing again since I am already counted in cap, do you mean I should tranfer my I-797to some other company instead of current one which can offer me a job.

Also, Please do you have any sponsers who can help me on this?

There is no "transfer" of an H-1B. You file another separate petition. Since you were approved once before, they have counted you already one time towards the cap max for that fiscal year.

Good luck!