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What is the difference between a petition for a new H-1B and a transfer of employer H-1B?

April 26, 2017difference employer H-1B petition transfer

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What is the difference between a petition for a new H-1B and a transfer of employer H-1B?

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• Answer: A new H-1B Petition may be subject to the annual statutory cap or limit specified in the law, which is the quota according to the H-1B Law and Citizenship and Immigration Services (CIS) Regulations. Unlike a new H-1B petition, a transfer or extention of H-1B status is not subject to the annual quota. All H-1B Petitions must contain all the necessary documents listed in the CIS Regulations before final approval is given. See our comments below on H-1B quotas.