Is there ny timeline in which visa must be transferred to current employer from India

[AmKool]

I got H1B visa from my previous employer (worked in USA and returned to India in November) which is valid till Dec 2017. I have joined a new company within India now but they are not much interested in visa transfer. As my visa (filed from my previous employer) is valid till Dec 2017, does it mean my new employer can file for transfer anytime before my visa expiration date and it will be valid till then or else there is a timeline in which a visa must be transferred to my current employer?

[raghvi]

I got H1B visa from my previous employer (worked in USA and returned to India in November) which is valid till Dec 2017. I have joined a new company within India now but they are not much interested in visa transfer. As my visa (filed from my previous employer) is valid till Dec 2017, does it mean my new employer can file for transfer anytime before my visa expiration date and it will be valid till then or else there is a timeline in which a visa must be transferred to my current employer?

Visa, petition, cap exemption, LCA, I-94 are different terminologies.

As you are already cap counted, you can choose to remain cap exempt for up to 6 Years from your last exit date while on H1 status. So in your case, till Nov 2021. This means, the next employer would file an LCA and then can file a cap exempt petition till Nov 2021, if their petition is approved you will get a new I797 and you would only get 6 Years minus time already spent in H1 Status OR as requested by Employer OR 3 Years whichever is the least.

Now using this new employer's I797 you can either chose to go for fresh visa stamping, or till Dec 2017, you can travel on existing visa and show the new employer's I797 as port of entry. Post Dec 2017 you anyhow have to go for stamping to get a new visa.

This is my opinion not legal advice.