H1 petition is expired. Can I go for H1 transfer while in India ?

Immigration 7 views 5 answers
Company-A applied H1B for me. I got H1, I got stamping, and I traveled US with H1 visa. Worked in US for 4 months and returned to India. Currently my H1B petition has expired. Its validity is from OCT-2009 to DEC-2011. Right now I am in India. Employer-B is telling that he can do a transfer on my expired H1. Query: Can it be transferred ? If so please explain briefly. Please help. Thanks in Advance

Attorney Answers

5
Matthew Porter ·
I agree with my collegues but would like to add some guidance. The applicable rule that you are dealing with is that a beneficiary of an H-1B petition who has previously been granted status as an H-1B visa holder in the past six years, and who has not left the U.S. for more than one year, is not subject to the annual H-1B cap. An H-1B transfer is a misnomer of sorts in that it is nothing more than a new H-1B petition that is not subject to the cap. Your new employer would be well advised to consult with an immigration lawyer to ensure your facts are properly examined and your H-1B visa is processed accordingly. Visit our website for contact information. Good luck!
0 upvotes
J Ferrari ·
They can file an H-1B petition. Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
0 upvotes
Young Ri ·
I agree with my colleague. Your H-1B sponsor needs an experienced immigration attorney in H-1B cases. It may be in your interest to seek consultation as well. Good luck.
0 upvotes
F Capriotti 2793192.Html ·
Yes, a transfer may be possible ... meet with an attorney.
0 upvotes
Asheesh Sharma ·
Yes it is possible to reclaim the H-1B period.
0 upvotes

People Also Asked