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H1B transfer and visa questions

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  • H1B transfer and visa questions

    I am writing about my situation and scenarios to get some expert opinion

    Here is some background:
    # I got my first H1B approval for 10/27/2004 to 3/31/2007 (2.5 years instead of 3 years)
    # I got the visa stamped in December 2004
    # I came to US on H1B in December 2004
    # I got a 3 year extension in 2007 from 04/01/2007 to 03/31/2010 (3 years)
    # I was at least 4 months outside of US since 2004
    # I was on maternity leave for 3 months in 2009
    # My Employer filed for second extension to recapture the unused time in February 2010
    # My H1B expired on March 31, 2010
    # My I-94 expired on April 10, 2010
    # The final extension decision is pending an RFE

    Total H1B time used = December 2004 to April 2010 - 4 months vacation = 5 years

    Can maternity time be recaptured?

    Can the time lost before I came to US be recaptured?


    I want suggestions on some scenarios that I am exploring:
    # What happens to my H1B if my extension is denied after RFE? Does this denial cancel my H1B?
    # What happens if new employer hires me before my current extension application is denied?

    * Can they apply for a simultaneous transfer and extension (to recapture 1 year of unused time)?

    # If the current extension application is denied, can the new employer still file for a transfer?
    # I am planning to leave the country since my current assignment ends in 2 weeks.
    # Can I come back on an H4 visa (on my husbands H1B)?
    # Would it be better to file a COS from H1 to H4 before leaving the country and withdraw the H1B extension to prevent denial?

    * If I do that can I still transfer the H1B to a new employer?


    # Suppose that the denial to my H1B extension invalidates my current H1B, Can my employer file for a new 2011 H1B or do I need to stay out of US for a year?

    I would really appreciate if someone who knows the regulations answers my questions.

    Thanks in advance.
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