H1B Transfer and Recapture unused time

[vshelar]

Hi,

My H1B visa got approved originally on Oct 2016 for 14 months till Dec 2017. I worked in USA from Jan 2017 to Apr 2018 (16 months) and returned to my home country INDIA after visa extension rejection. So I stayed in USA on this VISA for only 16 months. Now, I want to transfer my H1B to my new employer and file it.

Here are my some questions

1. I believe My new employer can file H1B as CAP EXEMPT, Please confirm.
2. How many years I can work in USA on this visa as I have stayed only for 16 months in USA.
3. Till when I can file/use this VISA as CAP EXEMPT. As I read on some forums, some say ONLY WITHIN 6 YEARS from original approval notice(Here Oct 2016 in My case) I can file it as CAP Exempt. Whereas, some say you can file as CAP EXEMPT anytime later, provided you have valid years left out of 6 years.

Thank you so much in advance for reply.

Thanks,
Vish

[rkk09]

Hi,
Please see my response below.
1. I believe My new employer can file H1B as CAP EXEMPT, Please confirm.
Answer: Yes.
2. How many years I can work in USA on this visa as I have stayed only for 16 months in USA.
Answer: Remaining months from 6 years.
3. Till when I can file/use this VISA as CAP EXEMPT. As I read on some forums, some say ONLY WITHIN 6 YEARS from original approval notice(Here Oct 2016 in My case) I can file it as CAP Exempt. Whereas, some say you can file as CAP EXEMPT anytime later, provided you have valid years left out of 6 years.
Answer: Within five years that you were on H1B.
Thanks

[vshelar]

Hi,

Thank you So much for your response.

One follow-up question on your response on 3 question. For CAP Exempt refile, Should I consider 5 years from the day I left USA i.e APR2018 or petition approval date i.e OCT 2016.

Thanks & Best Regards,
Vish

[vshelar]

Hi,

Thank you So much for your response.

One follow-up question on your response on 3 question. For CAP Exempt refile, Should I consider 5 years from the day I left USA i.e APR2018 or petition approval date i.e OCT 2016.

Thanks & Best Regards,
Vish

Hi rkk09,

Can you please help me with my follow up query.
Thank you so much in advance.

Best Regards,
Vish

[rkk09]

Hi,
It will start when you were on H1B last time... If you left USA with H1B status then it will be counted from that day onwards. But please make sure, you can use only remaining period of H1B validity.
Thanks

[vshelar]

Hi rkk09,

Thank you so much for clearing my doubts around it.

Thanks & Best Regards,
Vish