H1-B Visa Expired, Petition Transfer to other employer

[need_info]

Hi,

I stay in India. I have got a H1-B Visa from a Company A in the year 2008. But for some reason I did not use / travel on my H1-B Visa. As per the H1-B petition, it got expired by Sep 2010. I did not travel to US on my H1-B at all. My Visa is also expired.

Now, I am planning to work in USA on H1-B Visa for Company B. Do I need to apply afresh for the H1-B Visa through Company B and wait if for my petition to get approved in the new cap for the coming year (or) Can the Company B use my previous H1-B Cap and transfer the petition?

Please guide me.

Thanks

[kabkaba]

B can file cap-exempt using previous cap. They will need a copy of the previous approval notice.

[need_info]

To apply CAP exempt, does the company B require any consent / acceptance from Company A?
What is the approximate time that it takes for the Cap Exempt process, from the date it is started?

[kabkaba]

A need not even know about it.
It is just like any other petition. 7 days for LCA, then 1 to 2 weeks for receipt and then 15 days of processing in Premium and 2 to 3 months in regular. After petition is approved, you apply for Visa and then travel to US.

[need_info]

B can file cap-exempt using previous cap. They will need a copy of the previous approval notice.

Thanks for your response.
Is there any time limit (12 months) for applying CAP exempt from the date the Visa is expired?
Since my Visa is expired by Sep 2010 (which is more than 12 months), am I eligible for the CAP exempt?

If there is any limit as such, what is that period?

Please clarify.

Thanks,
Seshu

[kabkaba]

Yes, it is valid for up to 6 years. But remember, you will only get the remaining time from the 6 year limit if it is filed as cap exempt.
If it is filed as cap subject next year (starting Oct 1, filing Apr 1), then you will get fresh 6 years. You qualify for this because you have already spent 1 year outside the US.

[need_info]

Yes, it is valid for up to 6 years. But remember, you will only get the remaining time from the 6 year limit if it is filed as cap exempt.
If it is filed as cap subject next year (starting Oct 1, filing Apr 1), then you will get fresh 6 years. You qualify for this because you have already spent 1 year outside the US.

Please note that I haven't used my H1-B Visa since the time it is approved. I have not entered USA any time on my H1-B Visa and it got expired by Sep 2010. Since it is more than 1 year that my Visa got expired, I want ... please let me know if I am eligible for H1-B Cap exempt.

[shervin143]

If you haven't used all 6 years in that H1B CAP (H1B + L1 combined), then any employer can file a new petition using the CAP from the previous H1B approval notice and request an immediate start date. You don't have to go through quota again.

Please note that I haven't used my H1-B Visa since the time it is approved. I have not entered USA any time on my H1-B Visa and it got expired by Sep 2010. Since it is more than 1 year that my Visa got expired, I want ... please let me know if I am eligible for H1-B Cap exempt.

[need_info]

If you haven't used all 6 years in that H1B CAP (H1B + L1 combined), then any employer can file a new petition using the CAP from the previous H1B approval notice and request an immediate start date. You don't have to go through quota again.

Is there any specific time limit from the Visa expiry date, by which an employer has to file for the H1-B Cap exempt? To be very specific ... one of the employer says that since my H1-B Visa got expired by Sep 2010 (which is more than 12 months), I am not eligible for the CAP exempt program. Please clarify if there is any time limit like that.

Thanks

[kabkaba]

Already answered, valid for 6 years from first filing. So in your case latest one can file is 2014.