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Immigration Issues/New H1B using Approval

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Question
Hi,

I am currently in US in H4. I came here in Sept 2006. I had applied for H1b in April 2006 while I was in India.
Since I was in India when I filed for H1b, my approval notice says I need to get h1b visa stamping from US consulate in chennai,India.
I was told I cannot start working in US now unless I go to India and get H1b stamped. So i planned to go to India to
get H1b stamped from the US consulate in chennai. But my employer wants me to keep postponing my trip to get stamping
bcos he seems to have some internal issues. I have waited for a long time. I want to know if it is possible for me to
get my H1b approval transferred to another employer who is willing to transfer it. Since got my approval already in
2006, I understand I m already counted in that years cap. Since I have been in H4 and have not got H1b stamped yet, I have
never been in H1b status and dont have a single pay-slip.

1) Is it possible for me to get my H1b transferred to another employer.
2)If yes, will I get it as a status change from my current h4 to h1b or will it still require me to go to India
 and get a stamping and reenter on H1B status?

I appreciate your advice!!

Thanks,
Nunna.


Answer
Nunna:
You can obtain a cap-exempt H-1B with a new employer as you have been counted against the cap. I feel that it would not matter that you have not entered the US on H-1B status. You can change status in the US.

P.S. For your information the current H-1B petitioner can attempt to file an amended petition and request a change of status in the US.

Sincerely,

Ramasamy Krishnan
Ashley & Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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