H1B transfer : Old H1B expired in April 2009

[speedracer]

Hi,

This case might seem peculiar or familiar to some of you but any tangible advise or information is a blessing in disguise.
This post is regarding a transfer of H1B from my previous employer to current employer. Please read my case carefully and write your comments:
1. I work at an Indian office for a US based company(since aug 2011).
2. In Jun 2012, my current employer filed a H1B but I did not make the 65000 cap.
3. We are currently deciding to apply for a L1B but that can be done only in august 2012 since I need to complete a year with current company.

My H1B history:
1. My H1B was approved and stamped on my passport from my first company in Jan 2007 which expired in Apr 2009(this was because my passport also expired then)
2. I never travelled/worked in US using this H1B since I quit and went for higher studies in Europe.
3. I do not have any document regarding my previous H1B petition/approval/notice since I discarded them regarding as useless. The only proof is the stamping.
4. I know that we need a copy of the original petition approval in order to transfer a H1 visa.
5. I checked my case status online with the receipt number printed on my visa and obviously it says it was approved (approval date September 2006)


Given these pre-conditions and my saga, is there a way to transfer my unused expired H1B visa without an approval notice to my current employer as a cap-exempt category?
I know I need to go for a new visa interview and all that but I want information about the steps before that.
I am currently talking to my attorney in US but until she gets back to me, I cant help ask this forum.

Thanks for reading this long post. I feel like Valmiki after writing so much.
Best,
AA

[shervin143]

Receipt number is enough to transfer the H1B petition to another U.S employer.

[speedracer]

Receipt number is enough to transfer the H1B petition to another U.S employer.

Thanks for the reply.

My old visa issue date is 17JAN2007 but USCIS says that on 23SEP2006 my petition was apporved. So the 6 year time limit for cap exempt H1B applies in my case starting from which date?

[shervin143]

Calculate it from the date of the H1B petition effective date (Not the petition approval date or the date on which your visa was stamped). The effective date will be mentioned in the H1B approval notice. It will most probably be from Oct 1st 2006.

Thanks for the reply.

My old visa issue date is 17JAN2007 but USCIS says that on 23SEP2006 my petition was apporved. So the 6 year time limit for cap exempt H1B applies in my case starting from which date?

[speedracer]

Calculate it from the date of the H1B petition effective date (Not the petition approval date or the date on which your visa was stamped). The effective date will be mentioned in the H1B approval notice. It will most probably be from Oct 1st 2006.

So assuming the transfer petition is filed, in my case how many years would the transferred H1B be valid? For the full6 years since I did'nt use it at all or lesser?

Also I read on some law forums that if you H1B was never used, it cannot be used for a transfer since you were never in status. Any thoughts on that?

[shervin143]

So assuming the transfer petition is filed, in my case how many years would the transferred H1B be valid? For the full6 years since I did'nt use it at all or lesser?
>>> If USCIS approves the petition, you will get the full 6 year time frame. But the petition will not be approved for 6 years. It will get approved only for the work duration shown by your employer. A max of 3 years will be given for a petition. You can keep filing extensions until you reach the 6 year limit.

Also I read on some law forums that if you H1B was never used, it cannot be used for a transfer since you were never in status
>>> That is not true. I cannot validate information that you have read in some other forum. Feel free to consult a good immigration attorney on your own to validate the information provided.

[speedracer]

So assuming the transfer petition is filed, in my case how many years would the transferred H1B be valid? For the full6 years since I did'nt use it at all or lesser?
>>> If USCIS approves the petition, you will get the full 6 year time frame. But the petition will not be approved for 6 years. It will get approved only for the work duration shown by your employer. A max of 3 years will be given for a petition. You can keep filing extensions until you reach the 6 year limit.

Also I read on some law forums that if you H1B was never used, it cannot be used for a transfer since you were never in status
>>> That is not true. I cannot validate information that you have read in some other forum. Feel free to consult a good immigration attorney on your own to validate the information provided.

Thanks for the reply Shervin143, appreciate your help. My case is being reviewed by an attorney right now in US but my curiosity was overwhelming.
Any idea what is the usual time frame for cap exempt H1B transfer?

[shervin143]

2-3 months by normal process and 15 days by premium.

Thanks for the reply Shervin143, appreciate your help. My case is being reviewed by an attorney right now in US but my curiosity was overwhelming.
Any idea what is the usual time frame for cap exempt H1B transfer?

[pkjindal]

Hi folks... I have a similar case... my H1B expired in 2010 but was never utilized.

Will appreciate any update post your US attorney review and any contact detail or yours/attorney.


Many thanks

[speedracer]

Hi folks... I have a similar case... my H1B expired in 2010 but was never utilized.

Will appreciate any update post your US attorney review and any contact detail or yours/attorney.


Many thanks

Your employer or petitioner should have attorney details and obviously you cant ask an attorney in a different state to file your case. Find out form your employer as to who does this work for them.