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Posted on 20 Apr 2010
Q.

Cap exempt to cap exempt transfer with a travel in between

My current cap-exempt H1B status from university A started in Dec 09 and is valid till Dec'12. My visa stamp in the passport is valid until March ’11. I would like to transfer to a new cap-exempt employer, university B. I need to leave the US from May 1-30, before starting to work for the new employer.
Can employer B file for my cap-exempt to cap-exempt transfer while I am outside the country (if I do or do not terminate my job at the first employer)?
Can I reenter the country/start work on a receipt notice from USCIS that the transfer application has been filed (or do I need to wait for new I797).
If they file for a new cap-exempt application rather than a transfer will I be able to leave the country in that case? And return on the same visa with a new I797 or receipt notice?

User's Location: New York, New York, United States of America
Category: H1B Visa (Work Visa)
Posted on 21 Apr 2010
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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