Am I eligible for H1B transfer (cap exempt)? Worked on H1B for 3 years.

[cvnitkumar]

I am looking for an advice on renewal/transfer of my old H1B to new employer, my case details are below

- My Employer 'A' filed new H1B application

- Petition approved - in June 2008

- VISA Stamped - in Nov 2008

- Stamped VISA was valid till - June 2011

- Travelled to USA in March 2009, first time.

- I was still in USA when my VISA was about to expire and I was working with same employer 'A'.

- My employer filed an extension/renewal.

- Got approval to extension request and received new I-797.

- Renewed petition was valid from June 2011 to June 2013.

- I continue to work on extended petition without Stamping.

- I returned to India in Feb 2012.

- Never travelled back to USA during the validity of my extended petition, so I did not go for stamping again.

- I left employer 'A' in May 2013 and joined Employer 'B' in June 2013.

- Though my petition got expired in June 2013, my ex-employer 'A' has filed Revocation request in Aug 2013.

- USCIS revoked my petition on Employer's 'A' request in Oct 2013.

- I travelled to USA once in Aug 2015 and stayed there till end of Sep 2015 on B1 VISA.

- Now I am asking my employer 'B' if they can transfer/renew my old H1B as I can reuse remaining 3 years available with my old H1B.

So I would like to know if Employer 'B' can apply for renewal/transfer of my old H1B under out of cap (cap-exempt)??If not, why?

I am just confused because my last petition was revoked by USCIS on Employer's request as I left that employer, so I just wanted to know if my H1B is valid for transfer/renewal.

Thanks,

Vinit

[h1bwaiting]

I am looking for an advice on renewal/transfer of my old H1B to new employer, my case details are below

- My Employer 'A' filed new H1B application

- Petition approved - in June 2008

- VISA Stamped - in Nov 2008

- Stamped VISA was valid till - June 2011

- Travelled to USA in March 2009, first time.

- I was still in USA when my VISA was about to expire and I was working with same employer 'A'.

- My employer filed an extension/renewal.

- Got approval to extension request and received new I-797.

- Renewed petition was valid from June 2011 to June 2013.

- I continue to work on extended petition without Stamping.

- I returned to India in Feb 2012.

- Never travelled back to USA during the validity of my extended petition, so I did not go for stamping again.

- I left employer 'A' in May 2013 and joined Employer 'B' in June 2013.

- Though my petition got expired in June 2013, my ex-employer 'A' has filed Revocation request in Aug 2013.

- USCIS revoked my petition on Employer's 'A' request in Oct 2013.

- I travelled to USA once in Aug 2015 and stayed there till end of Sep 2015 on B1 VISA.

- Now I am asking my employer 'B' if they can transfer/renew my old H1B as I can reuse remaining 3 years available with my old H1B.

So I would like to know if Employer 'B' can apply for renewal/transfer of my old H1B under out of cap (cap-exempt)??If not, why?

I am just confused because my last petition was revoked by USCIS on Employer's request as I left that employer, so I just wanted to know if my H1B is valid for transfer/renewal.

Thanks,

Vinit

You should be able to use remaining 3 years.
Ideally if your last day in US in H1B is less than 6 years it should not be an issue.

Now this is what I was told by 2 attorneys when I was leaving US.
Check with your attorney or company, I don't think this is a hurdle.

[cvnitkumar]

You should be able to use remaining 3 years.
Ideally if your last day in US in H1B is less than 6 years it should not be an issue.

Now this is what I was told by 2 attorneys when I was leaving US.
Check with your attorney or company, I don't think this is a hurdle.

Thanks for your response, that helps a lot !! I will talk to my employer/attorney.