H1B transfer just before expiry while not in U.S.

[swapnildesarda]

Hello,
I have H1B stamped with my current company and I had been in U.S. from Sept-11 to Mar-13. Now I am back to India since Apr-13 and working with the Indian wing of the same company with which I have H1B. My visa is expiring this December-13 and my I-94 expired just after I came back from U.S. Now I want to change my job and thinking of joining an American company if possible.
My questions are:
1. If I get a job with a U.S. based company, can the new company get my H1B transferred to them while I am in India and on notice period with my current company?
2. If yes, then if my current company relieves me before my visa expires, can I travel to U.S. with current company's H1 stamp and new petition approved with new company? Is there a time limit before expiry of visa to land in U.S.?
3. Can H1B be transferred if already expired? If yes, up to what time from the date of expiry? Is cap applicable then?

Thanks in advance.

SD

[kadkhiq81]

H1B transfer just before expiry while not in U.S.

Your petition is valid for 6 years.

Btw, You have not mentioned your petition expire date and hoping that would also get expire by Dec 2013.

1. You can transfer the petition in premium mode and get the result in 15 days. If it is approved, you can submit your resignation with your current employer. you can use your current visa stamp with your existing employer name on and the new approved petition.

[swapnildesarda]

Your petition is valid for 6 years.

Btw, You have not mentioned your petition expire date and hoping that would also get expire by Dec 2013.

1. You can transfer the petition in premium mode and get the result in 15 days. If it is approved, you can submit your resignation with your current employer. you can use your current visa stamp with your existing employer name on and the new approved petition.

Thank you for the response.
Yes, my petition also expires on 9-Dec-13. Can you please answer my last question,
Can H1B be transferred after petition expires? If yes, up to what time from the date of expiry? Is cap applicable then?

Thanks,
SD

[kadkhiq81]

H1B transfer just before expiry while not in U.S.

As I said your petition is valid for 6 years and you can utilize the remaining period that you have not spent physically (H1 + L1) in the country.

[swapnildesarda]

As I said your petition is valid for 6 years and you can utilize the remaining period that you have not spent physically (H1 + L1) in the country.

My petition shows validity less than 3 years. It was issued on 15-02-2011 and valid upto 9-Dec-13 as per the dates mentioned on I-797B. My question is, would the H1 transfer be possible after 9-Dec-2013, i.e. petition expiry date? In that case I wont have to rush for job hunt.

[Nattybone]

My petition shows validity less than 3 years. It was issued on 15-02-2011 and valid upto 9-Dec-13 as per the dates mentioned on I-797B. My question is, would the H1 transfer be possible after 9-Dec-2013, i.e. petition expiry date? In that case I wont have to rush for job hunt.

Hello, Swapnil.

Do not worry about the shorter duration. You have the H1B for 6 years in the system. The USCIS issues shorter term on the visa if the sponsoring company so mentions, or if the USCIS feel it should not issue visa for a longer term. Normally, they issue visas for 3 years in one go. In principle, you have the visa and you can keep filing for extension until you exhaust your 6 years of stay inside the US.

Answering your question - YES. You can file for a transfer after the expiry period, which is December 2013.

I hope this helps.

Wishing you luck.

Cheers,

[swapnildesarda]

Hello, Swapnil.

Do not worry about the shorter duration. You have the H1B for 6 years in the system. The USCIS issues shorter term on the visa if the sponsoring company so mentions, or if the USCIS feel it should not issue visa for a longer term. Normally, they issue visas for 3 years in one go. In principle, you have the visa and you can keep filing for extension until you exhaust your 6 years of stay inside the US.

Answering your question - YES. You can file for a transfer after the expiry period, which is December 2013.

I hope this helps.

Wishing you luck.

Cheers,

Thats what I was looking for. Thank you for the prompt response.