H1B Transfer

[subbanna938]

My H1B petition was approved in October 2005 and was valid till Sep 2008, during that period i utilized my H1B only for 16 months (Jan 2007 to April 2008). Later I went back to India. I am still working for the same company from past 9+ years.

Now i came to USA on L1A visa in May 2012 & working here with the same company. At this point in time my current employer may not have plan to sponsor my Green Card.

So I got to know from some sources as i had utilized my H1B only for little time, the remaining time can be recaptured & also it can be transferred to new Sponsor.
Is this possible? If yes, then should I have to leave the US to get the H1B to be stamped.

Also If H1B transfer is possible, then can the new employer file my GC on EB1 category. (I am ion a managerial role from past 5 + yeas. Both in India & US)

Please suggest.

[raghvi]

My H1B petition was approved in October 2005 and was valid till Sep 2008, during that period i utilized my H1B only for 16 months (Jan 2007 to April 2008). Later I went back to India. I am still working for the same company from past 9+ years.

Now i came to USA on L1A visa in May 2012 & working here with the same company. At this point in time my current employer may not have plan to sponsor my Green Card.

So I got to know from some sources as i had utilized my H1B only for little time, the remaining time can be recaptured & also it can be transferred to new Sponsor.
Is this possible? If yes, then should I have to leave the US to get the H1B to be stamped.

Also If H1B transfer is possible, then can the new employer file my GC on EB1 category. (I am ion a managerial role from past 5 + yeas. Both in India & US)

Please suggest.

I believe if you file the H1 petition using the remainder option before April 2014 it might be possible. Both this option as well as trying GC under EB1 on H1 will require a good immigration attorney to prepare the documents. What you are planning is possible, but needs very good legal help.

This is my opinion not legal advice.