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  • H1B Transfer & Extension - CAP Exempt category

    Experts - Need your view.

    I129 i.e. I797A validity was 12/10/2010 till 03/13/2013. This was done via Infosys. Now I am with IBM and currently in India. I understand that H1B can be transferred from Infosys to India. I have stayed in US via Infosys for period of 1.5 yrs. My questions are:

    1) When I do transfer, then H1B that will be given to me, will it be for 4.5 yrs since 1.5 yrs already spent on the H1B.

    2) By when I should go for H1 transfer & stamping/ extension? Is it that I have time only till March 2016 since current validity was till 13-Mar-2013?

    3) Is it that after March 2016, I will not be able to do h1 transfer or is it the case that anytime in my life I can go for transfer of this H1b and I will be given extension for 4.5 yrs which is left in this H1B?

    4) I have assumed that when I go for transfer, I will be given 4.5 yrs extension again. Is it true or I will be given again for another 3 yrs just the way I was given initially i.e. 2010 to 2013. so say if i go for stamping on month of Nov 2014, then i will be given valid H1 till Nov 2017? Am I correct in saying this.

    Pls let me know this information which will help me to decide my travel plans.

    Regards,
    Amitava

  • #2
    Originally posted by chakse View Post
    Experts - Need your view.

    I129 i.e. I797A validity was 12/10/2010 till 03/13/2013. This was done via Infosys. Now I am with IBM and currently in India. I understand that H1B can be transferred from Infosys to India. I have stayed in US via Infosys for period of 1.5 yrs. My questions are:

    1) When I do transfer, then H1B that will be given to me, will it be for 4.5 yrs since 1.5 yrs already spent on the H1B.

    2) By when I should go for H1 transfer & stamping/ extension? Is it that I have time only till March 2016 since current validity was till 13-Mar-2013?

    3) Is it that after March 2016, I will not be able to do h1 transfer or is it the case that anytime in my life I can go for transfer of this H1b and I will be given extension for 4.5 yrs which is left in this H1B?

    4) I have assumed that when I go for transfer, I will be given 4.5 yrs extension again. Is it true or I will be given again for another 3 yrs just the way I was given initially i.e. 2010 to 2013. so say if i go for stamping on month of Nov 2014, then i will be given valid H1 till Nov 2017? Am I correct in saying this.

    Pls let me know this information which will help me to decide my travel plans.

    Regards,
    Amitava
    Till when where you in US?
    For example if you were in US in 2013 then u can file cap exempt petition till 2019.
    U can file at any time, depending on client letter it will be stamped.U will be eligible upto 4.5 yrs the balance.
    You cannot travel with same visa of Infy,you have to file thru Either IBM or u have to find a employer who can file H1B

    Comment


    • #3
      H1B Transfer & Extension - CAP Exempt category

      Originally posted by snehanew View Post
      Till when where you in US?
      For example if you were in US in 2013 then u can file cap exempt petition till 2019.
      U can file at any time, depending on client letter it will be stamped.U will be eligible upto 4.5 yrs the balance.
      You cannot travel with same visa of Infy,you have to file thru Either IBM or u have to find a employer who can file H1B
      Thanks Sneha for your response. I was in US for period of 1.5 yrs only.. from 2009 till Feb 2011. would appreciate if I get response of point2 & 3.

      Comment


      • #4
        Originally posted by chakse View Post
        Thanks Sneha for your response. I was in US for period of 1.5 yrs only.. from 2009 till Feb 2011. would appreciate if I get response of point2 & 3.
        By when I should go for H1 transfer & stamping/ extension? Is it that I have time only till March 2016 since current validity was till 13-Mar-2013?

        You fill any time upto jan 2017

        3) Is it that after March 2016, I will not be able to do h1 transfer or is it the case that anytime in my life I can go for transfer of this H1b and I will be given extension for 4.5 yrs which is left in this H1B?

        You will not be able to transfer after feb 2017. Yes balance 4.5 yrs.

        Comment

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