Expired H1B / I797B transfer to new organization

[trigger]

Hi

Background: I had a H1B (while working with organization A), which got expired in Sep 2012. And I797B Notice of Action had Notice Date: Aug 2009, Petition Validity Dates: Oct 2009 – Sep 2012. Now I am working with organization B, and this year my application was not selected in the H1B lottery.

Question: Can I reuse my earlier I797B approval notice for visa stamping?

[raghvi]

Hi

Background: I had a H1B (while working with organization A), which got expired in Sep 2012. And I797B Notice of Action had Notice Date: Aug 2009, Petition Validity Dates: Oct 2009 – Sep 2012. Now I am working with organization B, and this year my application was not selected in the H1B lottery.

Question: Can I reuse my earlier I797B approval notice for visa stamping?

Yes it is possible, B can file a cap exempt petition ,

This is my opinion not legal advice.

[trigger]

Yes it is possible, B can file a cap exempt petition ,

This is my opinion not legal advice.

Thanks for quick response. I read somewhere that once H1B/I797 is approved, it's good for 6 years. So can't I directly go for stamping again with old petition? Otherwise my organization again needs to file out-of-cap petition.

[raghvi]

The petition itself does not remain valid for 6 Years , your petition already expired in 2012, but you do remain cap exempt for 6 Years from 2009.

Further, your employer has changed, dates on petition have expired, am sure end client, and location would also be different, so would the salary. So , yes, B would have to file a new LCA and a new petition, only difference being that the petition itself will be cap exempt, that is, no need to go through the yearly H1 cap, and B can request an immediate start date for you instead of waiting till Oct 2015 to start working.

This is my opinion not legal advice.

[trigger]

Actually last year, I conveyed the same thing to my HR but they didn't agree and filed a fresh H1B this year (not selected in the lottery). Let me try to explain them again, and see they agree to file out-of-cap petition again.

[trigger]

Thanks for your input. I discussed with my manager and HR team and they are going to initiate the out-of-cap application.

Could you please confirm what would be the validaity of the H1B visa (if the petition is approved)? Will it be just a year (considering the 6 years from first approved petition) or may be more than that?

[raghvi]

As you have not spent any time on this visa in US, and if your employer is able to demonstrate long term work for you then you can get the visa for 3 Years, with a future scope of extension of another 3 Years.

This is my opinion not legal advice.