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  • H1B transfer after expiry

    Hi,

    I have an approved H1B petition on which I worked for 2.5 years and returned back to India in May 2018. My H1-B visa then was valid till Sept 30th, 2019.

    Now (After Oct 1st, 2019) I am applying for jobs back in US. Can my new employer file for a H1-B transfer with my previous petition (expired but on which I have stayed and worked only 2.5 years in the US)?

    Or do I have to apply for lottery?

    Thanks in advance,
    Krishnan

  • #2
    New employer can file a cap exempt petition. You do not need to go through the lottery again.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Thanks for your reply. I’ll definitely take legal opinion too. But would be nice to have an idea.

      Comment


      • #4
        Time spent outside the US counts towards recapture of H1.
        However, it is also my understanding that staying outside the US for 1 or more year, resets the clock and the new H1 is subject to cap gap.
        Opinion only. Cannot be construed as legal advice.

        Comment


        • #5
          Originally posted by R78 View Post
          Time spent outside the US counts towards recapture of H1.
          However, it is also my understanding that staying outside the US for 1 or more year, resets the clock and the new H1 is subject to cap gap.
          Can someone clarify on this "staying outside for more than 1 year"part? Does it terminate the petition itself?

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          • #6
            If you are outside US for more than 1 year & don't have an approved I140 your petition might be revoked. You can call USCIS help number or an attorney.

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