H1B Transfer for revoked and expired VISA

[apattabhiraman]

Hi All,

I have a H1B VISA sponsored by Company A on which I never entered US and it expired in 2014. After I resigned from Company A my VISA has been revoked.
Now I currently have an employer who is interested to hire me and transfer my VISA. I have few questions around this process now and I would be grateful if somebody can clarify that.

a. Is it possible for the new employer to do a H1B transfer with my VISA which is expired and revoked.
b. If its possible do I get a CAP exemption.
c. Since I never entered US am I still eligible for all 6 years with a transfer.

Thanks,
Ajay

[raghvi]

Hi All,

I have a H1B VISA sponsored by Company A on which I never entered US and it expired in 2014. After I resigned from Company A my VISA has been revoked.
Now I currently have an employer who is interested to hire me and transfer my VISA. I have few questions around this process now and I would be grateful if somebody can clarify that.

a. Is it possible for the new employer to do a H1B transfer with my VISA which is expired and revoked.
b. If its possible do I get a CAP exemption.
c. Since I never entered US am I still eligible for all 6 years with a transfer.

Thanks,
Ajay

Technically there is nothing called a "transfer". What actually happens is that the next employer files their own petition for approval. The significant aspect is that the petition itself is cap exempt, because you are already cap counted as part of an earlier quota.

Now, one can choose to take advantage of being cap exempt for upto 6 year from initial filing year. So assuming you were cap counted in 2011, you would remain cap exempt till 2017. If within this time frame you enter US on H1, you can use potentially stay for 6 Years. Again, just because you are eligible for 6 Years does not mean you get 6 Years. You will only get the time requested for by the employer in their petition and the amount of work they can show. Max is initial 3 Years and then subsequent extension has to be filed for another 3 Years.

This is my opinion not legal advice.