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  • H1B Visa Transfer

    I first entered in US with h1b in 2005 May under company A. I worked for 1 year with company A and transferred my H1B to company B. I worked for company B 2 years.Company B did not full fill the words which company B given(ORALLY) before joining. When I questioned this they removed me from the company (2008 may).Then I transferred my Visa to company C and worked for 3 month and Left US to India (due to personnel problems) in 2008 Aug. And in India ,I was working for another employer(s) for FT for a period of 3 years and currently working as a Independent contractor.

    Now my question is ,

    a) Is it possible to transfer my h1b(which is expired in 2011 May) to company D ?
    b) If yes ,is it come under cap exemption ?
    c) Is there any chance for getting New H1B ?

  • #2
    Hello, Nandan.

    One can, what i understand is, revive an old H1B upto 6 years from the time H1B status was maintained last. So, if you last had valid H1B status in 2008, you might be able to file for reviving the old H1B, depending on when you had H1B status last. So, you might be able to transfer your H1B (as a cap-exempt case) to company D and use the balance unused duration on your H1B.

    Yes. You could file for a new H1B petition as well. You need a sponsor in US to file a petition for you.

    I hope this helps. Personal opinion.

    Wishing you luck.

    Cheers,


    Originally posted by nandakumarpb View Post
    I first entered in US with h1b in 2005 May under company A. I worked for 1 year with company A and transferred my H1B to company B. I worked for company B 2 years.Company B did not full fill the words which company B given(ORALLY) before joining. When I questioned this they removed me from the company (2008 may).Then I transferred my Visa to company C and worked for 3 month and Left US to India (due to personnel problems) in 2008 Aug. And in India ,I was working for another employer(s) for FT for a period of 3 years and currently working as a Independent contractor.

    Now my question is ,

    a) Is it possible to transfer my h1b(which is expired in 2011 May) to company D ?
    b) If yes ,is it come under cap exemption ?
    c) Is there any chance for getting New H1B ?
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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