Transfer of Expired H1B Petition

[skum_5]

I had an approved H1B Petition from Company A in 2007 and travelled to USA on 2008. Original petition was valid till Sep 2010

Currently Company B is willing to transfer my expired petition under CAP Exempt Quota, If my VISA get approved for Company B in 2014 and I does not travel to USA. Can Company C transfer the petition from Company B in 2014/2015 ?

Are there any differences between H1B Petition subject to CAP and Transferred H1B Petition under CAP exempt quota from employee perspective ?

Please clarify.

[raghvi]

I had an approved H1B Petition from Company A in 2007 and travelled to USA on 2008. Original petition was valid till Sep 2010

Currently Company B is willing to transfer my expired petition under CAP Exempt Quota, If my VISA get approved for Company B in 2014 and I does not travel to USA. Can Company C transfer the petition from Company B in 2014/2015 ?

Are there any differences between H1B Petition subject to CAP and Transferred H1B Petition under CAP exempt quota from employee perspective ?

Please clarify.

Till which Month in 2008 were you in US on H1 visa status? You basically have time till 6 Years from last held H1 status. So if you were with a in US on valid H1 till Sep 2008 then B has to file the transfer before Sep 2014.

This is my opinion not legal advice.

[skum_5]

Raghvi, Thanks for the update.

Can anyone confirm whether is there any time bound to transfer a expired H1B petition and make it alive under CAP exempted quota.

Need experts opinion.

[raghvi]

Within 6 Years from last held H1 status or within 6 Years of when the H1 was filed. Aren't B's attorney determining the eligibility?

This is my opinion not legal advice.

[skum_5]

Raghvi,

I had a discussion with HR representative from Company B to get clarity, But he confirms that there is no time bound for H1B Transfer. Even after 6 years it is possible kind of thing...... As I am not convinced with his given feedback I posted in forum to get the experts opinion before proceeding for Transfer.....

[raghvi]

There is a time bound limit. Otherwise folks who applied H1 in 1999 and didnt fully use it would also be cap exempt.

If in doubt read this judgement : http://www.uscis.gov.edgesuite-stagi...09_06D2101.pdf

Since the petition in this matter was filed approximately ten years after the beneficiary's departure from the United States in H-1B status, the petitioner has failed to establish eligibility in this matter.

Also, I would request that you keep your questions to one thread, I see you are posting similar questions in other's threads too.

This is my opinion not legal advice.

[skum_5]

Raghvi,

Thanks for the info. As I don't have US paystubs for the period I stayed in USA, Can I consider the date I left from USA as my last held H1 Status date.....

[raghvi]

Raghvi,

Thanks for the info. As I don't have US paystubs for the period I stayed in USA, Can I consider the date I left from USA as my last held H1 Status date.....

The last date of getting paid while on H1 would be considered as last date of valid H1 status.

This is my opinion not legal advice.

[skum_5]

Raghvi,

For my case, CAP subject petition was filed on 2007 and I came back during July 2008 (without US Paystubs).

As per your advice, It looks like transer not possible to make it alive (or) Can I inform company B to file before July 2014.

[raghvi]

I personally believe it would not be possible to re use that H1 and your case may progress the same way as the example case I sent the link for.

If you and your employer still want to go ahead do proper due diligence before doing so. Did you pay for your H1 in 2007?

This is my opinion not legal advice.

[skum_5]

Raghvi,

I paid the H1B processing fees in 2007.

[raghvi]

That itself, if found by USCIS, would be ground for revoking the original H1. Risk is always there.

This is my opinion not legal advice.