Hello,

I am currently working for a university (U) through the quota-exempt h1b. A for profit company (A) offered a job to me and filed for a petition last ear for FY2009. The petition was approved, however, I never joined that company. I do know that they have not revoked the petition yet. Now, another for-profit company (B) has offered me a job. My question is, can I transfer my University H1B to this company?

Since the petition that the company B filed for me was accepted, it means that I was counted against the 20,000 or 65,000 quota for FY2009. Am I right? And in that case, will it be possible for this new for-profit company (B) to file for a new H1 for me using my current university h1 (or university approval notice) and university pay stubs.

Unfortunately, I do not have the approval notice for the petition that the company A filed, as I never worked for it. But will I need that at all? Won't the USCIS have it in their records that I have been subject to cap already. I do know the case number of that petition, will that help?

As I understand, the my University pay stubs will prove that I have been getting paid the whole time. The university H1 will indicate that I am present in the US legally. And since the petition filed by the company A was approved, the USCIS knows that I was subjected to the H1 visa cap in the past. I can provide the case number of the petition.

So in short, my concern is, will this company be able to file a petition for my H1 such that I can start working for them soon or do they have file for a visa for me in April for FY2010 and I join them in OCT,09.

Thank you

If the transfer indicated that you work for company A and want to transfer to B, you must have proofs that you work for A. All approved petition is valid for 5 months. Consult your attorney...

Dear lawanwadee, thanks for a the reply. The transfer petition has not been filed yet. Although the H1B petition filed by the company A was approved, I have not worked for Company A. Can I transfer my University visa? Although it is cap-exempt, I have been counted for the cap due to approved petition by Company A. If possible, I would like to transfer University visa as I have all the documents, unlike Company A, where I do not have any documents except the case number.

Thanks in advace for your help