Can I transfer an old H1B Visa

[nyc_roommate]

Dear All,
I need some expert advice from people here. Here's my situation:
- I had an H1B from 2004 to 2010.
- 8 months before my 6 yr H1B period expired in Dec. 2010, I relocated out of the US.
- I have since 2010, traveled back to the US for personal reasons (on B1/B2 visas).
- Thus, i never uesd the 8 months of my last H1B.

Could anyone tell me if I can transfer the remaining 8 months to a firm that's ready to give me a job in the US?
- This way I can start working with this new employer in Mar-2015 and continue on that transferred visa until Oct-2015.
- They plan to file for a new H1B visa in April 2015, which (if approved) will allow me to work on that new H1 in Oct-2015.

I doubt that this interim solution is likely to work - given that i've been away from the US for so long. But I still wanted to know as I'd really like to take up this job.

It'll be great if you can share your expertise or if anyone else has had a similar experience.
Thanks,
NYC

[raghvi]

Dear All,
I need some expert advice from people here. Here's my situation:
- I had an H1B from 2004 to 2010.
- 8 months before my 6 yr H1B period expired in Dec. 2010, I relocated out of the US.
- I have since 2010, traveled back to the US for personal reasons (on B1/B2 visas).
- Thus, i never uesd the 8 months of my last H1B.

Could anyone tell me if I can transfer the remaining 8 months to a firm that's ready to give me a job in the US?
- This way I can start working with this new employer in Mar-2015 and continue on that transferred visa until Oct-2015.
- They plan to file for a new H1B visa in April 2015, which (if approved) will allow me to work on that new H1 in Oct-2015.

I doubt that this interim solution is likely to work - given that i've been away from the US for so long. But I still wanted to know as I'd really like to take up this job.

It'll be great if you can share your expertise or if anyone else has had a similar experience.
Thanks,
NYC

The issue here is that if you decide on using the old H1, then you would get only 8 Months, and even if at all you are selected in H1 lottery in April 2015, you wouldn't be able to work beyond Oct 2015.

I would suggest you ask the employer to file Fresh H1 as part of Fresh Cap in April 2015, in premium category. This way you would most probably come to know if at all your H1 petition has been picket up by June/July 2015. IF picked up, then travel on this fresh petition in Oct 2015, as then this fresh petition would be eligible for future extensions unto 6 Years.
If for some reason you do not get selected in fresh H1 by June/July 2015, only then decide to use the old H1 petition. Even in this case it will render you ineligible to apply H1 in April 2016 Cap.

This is my opinion not legal advice.