Reclaiming time on abandoned H1B

[vsquare]

I have an approved H1 B petition (Not Stamped), on which I was working for company ‘A’ for the past 2 yrs. I did not travel outside the US during this time, so did not get my visa stamped. Now I have quit my job and moved out of US. My approved petition is valid till end of Sept 2015. Of the 3 yrs approved on my petition I have used only 2yr 2 months. Now I am trying to get employed by another company ‘B’. My questions are:

a. It is my understanding that company ‘B’ will need to reapply for a new H1B, however this H1B would not be subject to quota. Is this correct? How long does this process take? Can I start working as soon as it is approved, or would I need to wait till Oct 1st 2015 ?

b. Does Visa not being stamped created any additional complications?

c. What is the process for reclaiming the time remaining on my previous H1B?

d. Does any of the above scenario change, if I find a job after Sept end, 2015 ( when the validity of my approved H1B petition expires)

[raghvi]

I have an approved H1 B petition (Not Stamped), on which I was working for company ‘A’ for the past 2 yrs. I did not travel outside the US during this time, so did not get my visa stamped. Now I have quit my job and moved out of US. My approved petition is valid till end of Sept 2015. Of the 3 yrs approved on my petition I have used only 2yr 2 months. Now I am trying to get employed by another company ‘B’. My questions are:

a. It is my understanding that company ‘B’ will need to reapply for a new H1B, however this H1B would not be subject to quota. Is this correct? How long does this process take? Can I start working as soon as it is approved, or would I need to wait till Oct 1st 2015 ?

b. Does Visa not being stamped created any additional complications?

c. What is the process for reclaiming the time remaining on my previous H1B?

d. Does any of the above scenario change, if I find a job after Sept end, 2015 ( when the validity of my approved H1B petition expires)

a. Yes B can apply a cap exempt H1 petition base don the fact that you have been cap counted within last 6 Years and have not exhausted the 6 Year limit. They can apply anytime with immediate start date. Once the petition is approved, they would get a new I797 using which you can schedule an interview at a US consulate in your country and get visa stamped. The whole process can take 2-4 Weeks if applied in premium, and 2-4 Months if applied under normal processing. Premium processing seems to be suspended till July 27th so double check with B's attorney.
b. No it does not.
c. An H1 petition can be extended till 6 Years are complete on it so I do not think you need to worry about reclaiming currently as you technically still have a potential 3 Years 10 Months remaining since you spent on 2 Years 2 Months in US on H1 status.
d. No.

This is my opinion not legal advice.