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H1b Transfer when residing outside USA

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  • H1b Transfer when residing outside USA

    I got my H1b visa in 2007 and started working in USA from November 2007 to August 2013. In between, I went to India for 6 months vacation in 2009. I came to India in August 2013 resigning my job from Cognizant Technology Solutions, USA and from August 2013 I am not working for anybody. I want to come to USA now, so I approached a new company and filed my LCA through them as I have 5.5 months left in my 6 years H1b quota. The LCA is not yet approved. The idea is to file H1b transfer from India and once H1b is approved, file Green Card labor from India and once the labor is approved, go for visa stamping in the USA embassy and come to USA. As I have GC labor approved, I will get 1 year H1b extension. This is my option 1.

    My question is... Do I have any other options? The other options that I have in my mind is ... After H1b transfer is complete from India, go for stamping and fly to USA. I will have 5.5 months left to work in USA in my 6 years H1b visa. As soon as I land in USA, file for GC labor and see if I get my labor approved in 5.5 months, so that I can go for 1 year H1b extension based on labor approval. Question is... will be labor get approved in 5.5 months?

    Option 3: I am outside USA from August 2013 to till date (10 months). In 2 months time, I will be in a status where I am outside USA for complete 1 year. So, If I apply for H1b transfer after completing 1 year outside USA, will my 6 years H1b cycle start from the begining? or still I will get H1b approved for remaining 5.5 months?

    Kindly please advice which is the valid and best option in the above 3 options.

  • #2
    Originally posted by cmjayaprakash1977 View Post
    I got my H1b visa in 2007 and started working in USA from November 2007 to August 2013. In between, I went to India for 6 months vacation in 2009. I came to India in August 2013 resigning my job from Cognizant Technology Solutions, USA and from August 2013 I am not working for anybody. I want to come to USA now, so I approached a new company and filed my LCA through them as I have 5.5 months left in my 6 years H1b quota. The LCA is not yet approved. The idea is to file H1b transfer from India and once H1b is approved, file Green Card labor from India and once the labor is approved, go for visa stamping in the USA embassy and come to USA. As I have GC labor approved, I will get 1 year H1b extension. This is my option 1.

    My question is... Do I have any other options? The other options that I have in my mind is ... After H1b transfer is complete from India, go for stamping and fly to USA. I will have 5.5 months left to work in USA in my 6 years H1b visa. As soon as I land in USA, file for GC labor and see if I get my labor approved in 5.5 months, so that I can go for 1 year H1b extension based on labor approval. Question is... will be labor get approved in 5.5 months?

    Option 3: I am outside USA from August 2013 to till date (10 months). In 2 months time, I will be in a status where I am outside USA for complete 1 year. So, If I apply for H1b transfer after completing 1 year outside USA, will my 6 years H1b cycle start from the begining? or still I will get H1b approved for remaining 5.5 months?

    Kindly please advice which is the valid and best option in the above 3 options.
    Option 1.

    Option 2 -- Very unlikely that your PERM/I140 will get approved in 5.5 Months.
    Option 3 - Cycle gets reset if one applies fresh petition after staying out for 1 Year not when one uses an old petition after staying out for a year. Fresh cap will open only in April 2015 with a start date of Oct 2015.


    This is my opinion not legal advice.

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