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Can I transfer my expired H-1B visa to new employer

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  • Can I transfer my expired H-1B visa to new employer

    I got an H-1B visa through company A and traveled to usa in March 2012 and worked in USA till May 2013(14 months). My H-1B petition was expiring on Sep 2013. But I went back to India before that and so did not do a renewal of H1 petition. I am now back in USA on my spouse's H4. If I want to work here now, is it possible to transfer my old H1 to a new employer? Is my old H1 still valid to do cap exempt? Is there any time limit on the validity of old petition ? Also how many years will I have left to work on this cap? Is it 6 years -14 months(which i actually worked) or is it calculated as 6 - 4.5 years(which is actual calendar time)?

  • #2
    Originally posted by renur View Post
    I got an H-1B visa through company A and traveled to usa in March 2012 and worked in USA till May 2013(14 months). My H-1B petition was expiring on Sep 2013. But I went back to India before that and so did not do a renewal of H1 petition. I am now back in USA on my spouse's H4. If I want to work here now, is it possible to transfer my old H1 to a new employer? Is my old H1 still valid to do cap exempt? Is there any time limit on the validity of old petition ? Also how many years will I have left to work on this cap? Is it 6 years -14 months(which i actually worked) or is it calculated as 6 - 4.5 years(which is actual calendar time)?
    Yes. Yes. 6 Years from last held H1 status. 6 Years minus time already spent in H1 status earlier. 6 Years - 14 Months.

    This is my opinion not legal advice.

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