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Devesh1 · May 19, 2010, 05:18 AM

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 ?

NYcityboy · May 19, 2010, 08:20 AM

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.

Devesh1 · May 19, 2010, 10:34 PM

Originally Posted by NYcityboy

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?

NYcityboy · May 20, 2010, 01:05 PM

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!