Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Am I eligible for H1 transfer

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Am I eligible for H1 transfer

    I was in USA on H-1B from Feb 2007-Feb 2013 i.e. 6 years. I am currently residing out of USA and want to return back there. I hold an approved I-140. My previous employer has not revoked the I-140. Am I eligible to apply for H-1B transfer without having to go through the H-1B quota again since I have an approved I-140?

  • #2
    Originally posted by rsg View Post
    I was in USA on H-1B from Feb 2007-Feb 2013 i.e. 6 years. I am currently residing out of USA and want to return back there. I hold an approved I-140. My previous employer has not revoked the I-140. Am I eligible to apply for H-1B transfer without having to go through the H-1B quota again since I have an approved I-140?
    Did you exhaust the entire 6 Years by staying full 6 Years in US? If entire 6 Years physical stay in US has been exhausted then you would have to be part of fresh H1 cap.

    This is my opinion not legal advice.

    Comment


    • #3
      I received the following reply from an immigration attorney:

      "Yes, your new employer can file a brand new H-1B petition on your behalf, cap exempt - if approved, you'll get three (3) more years on H-1B, thanks to that previously approved I-140. But your new employer will need to then restart the entire PERM and I-140 process on your behalf. The good news is that you'll be able to reclaim your previous PERM and I-140 priority date!"

      Comment


      • #4
        Originally posted by rsg View Post
        I received the following reply from an immigration attorney:

        "Yes, your new employer can file a brand new H-1B petition on your behalf, cap exempt - if approved, you'll get three (3) more years on H-1B, thanks to that previously approved I-140. But your new employer will need to then restart the entire PERM and I-140 process on your behalf. The good news is that you'll be able to reclaim your previous PERM and I-140 priority date!"
        In my opinion there should be some time remaining in the 6 Year H1 in order for a subsequent H1 cap exempt petition to be filed.

        This is my opinion not legal advice.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X