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Hello -
I need some help regarding my current situation.. I worked in USA from Aug 2010 to Aug 2014 on L1B and returned to India in Aug 2014.. My company applied for H1B on 1-April-2014 and I got it stamped in Dec-2014 in India (visa valid till Aug 2016).. But I never went back until now and I am still in India with the same company..
Questions
- If I re-enter USA now using my H1B, did my 6 year limit get reset since I stayed out for more than year (Aug 2014 to Till Date)? Or did it not get reset sincae the new visa (H1B) has to be applied after staying out for 1 year which was not my case?
- If I do not go to USA now and if I let my visa expire, can my employer file a CAP EXEMPT petition later (say in Jan 2017) and claim the unused 2 years (assuming my 6-years did not get reset) or apply for 3 year (assuming it got reset)? Is this like visa extension? It will definitely be for a different client (and location) so I assume amendment is not necessary since it is already a new petition?
- Can I transfer visa to a different employer too? Say Jan 2017 (assuming I will still be in India till Jan 2017)?
I need some help regarding my current situation.. I worked in USA from Aug 2010 to Aug 2014 on L1B and returned to India in Aug 2014.. My company applied for H1B on 1-April-2014 and I got it stamped in Dec-2014 in India (visa valid till Aug 2016).. But I never went back until now and I am still in India with the same company..
Questions
- If I re-enter USA now using my H1B, did my 6 year limit get reset since I stayed out for more than year (Aug 2014 to Till Date)? Or did it not get reset sincae the new visa (H1B) has to be applied after staying out for 1 year which was not my case?
- If I do not go to USA now and if I let my visa expire, can my employer file a CAP EXEMPT petition later (say in Jan 2017) and claim the unused 2 years (assuming my 6-years did not get reset) or apply for 3 year (assuming it got reset)? Is this like visa extension? It will definitely be for a different client (and location) so I assume amendment is not necessary since it is already a new petition?
- Can I transfer visa to a different employer too? Say Jan 2017 (assuming I will still be in India till Jan 2017)?
