Urgent Help Required: H1b Visa issued in 2005. Used only for 1 year. Is transferable?

[Shriya]

Hi,

My H1B visa was issued on Oct 1st, 2005. I came back to India in 2006. So have utilised only 1 year of H1b. So can a new employer utilise the 2 years which were not used? Will be considered outside the cap?
How to check the status of my visa, am not sure if previous employer has cancelled it.
What is the way to get it as new quota will open in March/ april.

Thanks in anticipation.
Would appreciate a quick response.

-Shriya

[Nattybone]

Hi, Shriya.

H1B Visa, once issued is yours for 6 years (6 years of usage). 3 + 3 years extension. If you used your 2005 H1B for 1 year and returned to India, you are still eligible for 5 more years of H1B.

All you need is a sponsor who will revive this old H1B. Also, the cap does not apply to you as you were counted against the quota for 2005. You can apply anytime, not just March / April.

Hope this helps.

Cheers,
Natalie

P.S.: Do seek legal opinion on this. These are my personal views based on my H1B experience.

[speedracer]

Hi,

My H1B visa was issued on Oct 1st, 2005. I came back to India in 2006. So have utilised only 1 year of H1b. So can a new employer utilise the 2 years which were not used? Will be considered outside the cap?
How to check the status of my visa, am not sure if previous employer has cancelled it.
What is the way to get it as new quota will open in March/ april.

Thanks in anticipation.
Would appreciate a quick response.

-Shriya

H1B issued is only valid for 6 years from the date of stamping. If your visa was issued in 2005, unfortunately it has exceeded the time frame since its 2013 now. I had a couple of months left before expiration in 2012 and we had to go for premium processing. This was done by a lawyer in US so I am assuming she has correct knowledge.
I would still urge you to consult a good immigration lawyer if your case is still open. Personally I think your visa time frame has elapsed.

Thanks,
Speed.