H1 transfer from India with expired visa

[mohansam]

Hi Experts:

Kindly advise me on following :

My H1 was processed by Employer A in India in 2011.Validity Oct 2011 to Sept 2014.I went to the US on that for a year and came back to India in June 2013.Since then I am in India.

In India I hv left the employer A and joined employer B in India.

1) Can the employer B transfer my visa given the fact that it got expired last year?If yes what needs to be done for that?I am not sure if it comes under cap exempt

2)During the 1st 3 year period(Oct 2011 to Sept 2014) I had stayed for a year only in US(with 2 years remaining un-utilized).So when the employer B extends it can it recapture the un-utilized 2

years ?

3) Since I have been in India for more than a year does it effect my transfer chances in any way ?

Thanks,
Mohan

[raghvi]

Hi Experts:

Kindly advise me on following :

My H1 was processed by Employer A in India in 2011.Validity Oct 2011 to Sept 2014.I went to the US on that for a year and came back to India in June 2013.Since then I am in India.

In India I hv left the employer A and joined employer B in India.

1) Can the employer B transfer my visa given the fact that it got expired last year?If yes what needs to be done for that?I am not sure if it comes under cap exempt

2)During the 1st 3 year period(Oct 2011 to Sept 2014) I had stayed for a year only in US(with 2 years remaining un-utilized).So when the employer B extends it can it recapture the un-utilized 2

years ?

3) Since I have been in India for more than a year does it effect my transfer chances in any way ?

Thanks,
Mohan

Do you have the copy of the A's approval notice?

1. Yes. Technically there is nothing called a transfer as such, what B needs to do is file a cap exempt petition. Once its approved B would get a new I797 and you can use that to go for fresh visa stamping interview.
2. Yes, its possible if B can demonstrate adequate work for you.
3. I dont think so, its primarily B's capability which affects the outcoem the most.


This is my opinion not legal advice.

[mohansam]

Thanks Raghvi for the advice.I could not make out whats meant by "A's approval notice?".Kindly elaborate.
Thanks,
Mohan

[raghvi]

Thanks Raghvi for the advice.I could not make out whats meant by "A's approval notice?".Kindly elaborate.
Thanks,
Mohan

You mentioned that you already had a H1 stamping done through employer A from 2011- 2014, did you not take a I797 with A's name on it for visa stamping? This I797 is A's approval notice, and is proof that you were cap counted. B would need a copy of the I797 in order to try to claim your cap exemption.

This is my opinion not legal advice.

[mohansam]

Thank raghvi...Yes I had the I797 when I went for A's stamping..that clears it..thanks again for your advice
Mohan