H1-B petition extension from India

[ankurmadia]

I was in USA on H1 visa till March-2009. My visa and petition expired in April-2009. My company was/is not ready to extend my petition.
Is there a way by which i can extend my petition with any other employer while i am in india and later travel to USA on the entended petition and visa?

[sk4ih]

Extension is with same employer only. It is called 'transfer' of H1 when you switch employers.
As you're out of status, you can not do a transfer now. I guess you have to go for fresh H1.

[kabkaba]

Not fresh H1.
If you are in India, you cannot be out of status. New employer can file a new cap exempt petition for you.

[ankurmadia]

H1-B petition extension from India

Thanks folks for responding.
I am not that technical when it comes to visa things.
So Kabkaba, can you pls explain me in simple terms.
If i am not wrong, do you mean to say that if an employer and not my current employer can file a new petition which will not be counted under cap?
Also, will it get approved since it is under cap exempt?

[itzprams]

do you mean to say that if an employer and not my current employer can file a new petition which will not be counted under cap?
Also, will it get approved since it is under cap exempt?

You will have to find another employer who can file H1B petition on behalf of you which is cap exempted. Once it is approved you can get those approval papers and go for stamping and re-enter USA.

[kabkaba]

Thanks folks for responding.
I am not that technical when it comes to visa things.
So Kabkaba, can you pls explain me in simple terms.
If i am not wrong, do you mean to say that if an employer and not my current employer can file a new petition which will not be counted under cap?
Also, will it get approved since it is under cap exempt?

Yes, since you have been cap counted once and assuming your 6 years in H1 status (inside US) are not over, new petition with you as beneficiary will be exempt from cap.

Approval is not guaranteed. the employer will have to prove that they are legitimate and that they have a legitimate job for you.