Had H1B Visa from 07-2010, came back to India. Want to go back

[diya_99]

Hi,

I had H1b visa from '07 to 2010, and I worked upto Feb 2010. I came back to India then and working here. I don't know whether it has been revoked or not. My current employer is ready to file H1b.

1) Can I use the old H1b approval to get it transfered to the current employer?

2) Can I come under cap-exempt?

3) If I dont come in cap-exempt, then my employer can file under Advance degree cap as I have Master's from USA.

Thanks.

[shervin143]

1) Can I use the old H1b approval to get it transfered to the current employer?
>>> Yes. You will only get 6 years minus whatever time you have already spend in U.S.

2) Can I come under cap-exempt?
>>> The CAP from your previous H1B approval will be used. Any U.S employer can file a new petition using the CAP from your previous H1B approval and request an immediate start date.

3) If I dont come in cap-exempt, then my employer can file under Advance degree cap as I have Master's from USA.
>>> The CAP for the advance degree has already reached.

[diya_99]

Hi Shervin,


Thanks for your reply. I called the USCIS 1 (800) 375-5283, and executive said that H1-transfer is not possible as old petition was with different employer. New employer has to file the new petition(Executive didn’t understand the point of H1B cap whether I come under cap-exempt or not).

Where can I get the information on USCIS regarding the H1 transfer possible even old petition is expire?

Thanks for your time

[shervin143]

Search uscis.gov or consult a good immigration attorney.

Hi Shervin,


Thanks for your reply. I called the USCIS 1 (800) 375-5283, and executive said that H1-transfer is not possible as old petition was with different employer. New employer has to file the new petition(Executive didn’t understand the point of H1B cap whether I come under cap-exempt or not).

Where can I get the information on USCIS regarding the H1 transfer possible even old petition is expire?

Thanks for your time