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  • H1B admin processing looking for h1b transfer

    Hello Immihelp

    Earlier i have travelled to USA in L1B between Jun 2010 and stayed till Oct 2014 i.e.4.4 years with vacation days of 75. My L1B got expired by May 2015. It has been 8 months by now where I returned back from USA.

    Through one consultancy i applied h1b last year 2014 it was approved for an year i.e. expiry sep 2015. When i went to stamping last OCt 2014 when i returned back to india, US consulate had put me in admin processing. Still I haven't got any response from Consulate.

    Having described my situation above, kindly provide answers to following questions.

    1) As admin processing approval case by case, will my stamping approval before Sep end 2015?
    2) As i am in india, even i am not finding any employer who is willing to transfer my H1 as i have to go for stamping again. Do we any employers who can transfer my H1B and provide client letter for stamping?
    3) If i stay in india until Oct2015, my 1 year coolant will be done. As my visa will be expired by Sep end 2015. Can any employer use my cap exempt and file a new H1B. IF so within how much time of expiry an employer can file me an new h1b under cap exempt?
    4) My H1b Employer told he can file a H1b amendment and H1b extension by Aug 2015, will that workout ? if so will i face any issues during stamping?




    Pls help to find answers to above questions.

  • #2
    1) As admin processing approval case by case, will my stamping approval before Sep end 2015?
    >>> It is hard to predict that. No one can predict the outcome of admin processing when you might get a response back from the consulate.

    2) As i am in india, even i am not finding any employer who is willing to transfer my H1 as i have to go for stamping again. Do we any employers who can transfer my H1B and provide client letter for stamping?
    >>> Yes. Any employer can file a transfer and once that gets approved, you can go for stamping again with the new H1B employer's documents.

    3) If i stay in india until Oct2015, my 1 year coolant will be done. As my visa will be expired by Sep end 2015. Can any employer use my cap exempt and file a new H1B. IF so within how much time of expiry an employer can file me an new h1b under cap exempt?
    >>> If you file a CAP excempt H1B, then you will get only 6 years minus whatever time that you have already spent in U.S on your new H1B. If yo wait and file in April 2016 under a new CAP, you will get 6 years on the new CAP.

    4) My H1b Employer told he can file a H1b amendment and H1b extension by Aug 2015, will that workout ? if so will i face any issues during stamping?
    >>> Extension beyond 6 years is possible only if GC PERM is filed 365 days prior to your H1B 6th year expiry. L1 + H1B = 6 years.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1) As admin processing approval case by case, will my stamping approval before Sep end 2015?
      >>> It is hard to predict that. No one can predict the outcome of admin processing when you might get a response back from the consulate.

      Thanks Shervin!!

      2) As i am in india, even i am not finding any employer who is willing to transfer my H1 as i have to go for stamping again. Do we any employers who can transfer my H1B and provide client letter for stamping?
      >>> Yes. Any employer can file a transfer and once that gets approved, you can go for stamping again with the new H1B employer's documents.

      Thanks Shervin!! Do you know any employer who can do it and help me?

      3) If i stay in india until Oct2015, my 1 year coolant will be done. As my visa will be expired by Sep end 2015. Can any employer use my cap exempt and file a new H1B. IF so within how much time of expiry an employer can file me an new h1b under cap exempt?
      >>> If you file a CAP excempt H1B, then you will get only 6 years minus whatever time that you have already spent in U.S on your new H1B. If yo wait and file in April 2016 under a new CAP, you will get 6 years on the new CAP.

      Since i stayed almost 1year in india, i think i can utilize the full 6 years rite? Suppose my emp file during Sep 1st week(my visa exp is sep 30) I can again utilize the full 6 years rite?

      if my visa is expired/suspended, My new employer can still file a new h1b using my previous cap(Cap-Exempt) rite?

      4) My H1b Employer told he can file a H1b amendment and H1b extension by Aug 2015, will that workout ? if so will i face any issues during stamping?
      >>> Extension beyond 6 years is possible only if GC PERM is filed 365 days prior to your H1B 6th year expiry. L1 + H1B = 6 years.
      Can you pls clarify on H1 Amendment and h1b extension considering sep end 2015 visa end date?

      Comment


      • #4
        If you want a fresh 6 years period in H1B, you cannot use your existing CAP. You need to file a new H1B starting next April under a fresh quota. The H1B petition if approved will be effective from Oct 1st 2016.

        Originally posted by visahelp2015 View Post
        Can you pls clarify on H1 Amendment and h1b extension considering sep end 2015 visa end date?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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