H1 transfer

[rohitmaha]

Hi

I stayed in USA for 5 years and 10 months. First 5 Years on L1 and Last 10 months on H1. Currently I am in India. While I was on H1, My employer filed my GC and and PERM went to an audit, currenly audit is under process. Once I received audit in month of Nov, my employer asked me to leave USA as they did not want utilize my commplete 6 years.I left USA in month of Nov 2012. Technically I did not utilized whole 6 years.

I am thinking to leave my current employer, my GC process will be cancelled and I am ok with that. I want to know, if I want to move to USA after Nov 2013,
can I transfer my H1(which was filed by my current employer) to any consultant . Will I be considered under cap? Or directly any consultant can transfer
my old H1 to there name? FYI, my old H1 petition was valid for a year and its currently expired.

[kabkaba]

If you do a transfer using existing cap, you will only get the remainder period which is 2 months. (You may get a little more if you had spent any time abroad during the 5 year 10 months) You don't need to wait 1 year for that, it can be done at any time.

If you want fresh 6 years, the petition has to be filed after you complete 1 year outside and it has to be subject to annual cap.