H1B transfer and cap exemption

[hitman1980]

Company-A applied H1B for me in year 2008. I got H1, I got stamping, and I traveled US with H1 visa. Worked in US for 8 months and returned to India in 2009. My H1B petition has expired in 2011.
Right now I am in India. Employer-B is telling that he can do a transfer on my expired H1.

Query: Can it be transferred ? If so please explain briefly. Also will I be exempted from the h1b cap? And for how many years I can get h1b?
Please help.

[kadkhiq81]

H1B transfer and cap exemption

Yes, You can transfer to the new employer. You can also recapture the time spent out side the US.

H1 6 years = Time spent in the US on H1/L1+ Time spent out side the US

This is my opinion.

[hitman1980]

Hi ... Thx for the reply .. But can I apply it at anytime of the year .. or I have to file along with the normal h1b applications which r submitted in April?

Also if anyone knows more abt this issue than pls help me out .. I just wanna know

1. If i apply for H1B thru a employer will that be an extension to the old VISA or else a fresh petition which comes under quota or else a fresh petition which will be exempted from cap ..

2. Can it be applied at anytime of the yr .. or in april only with other h1b applications ..

[kadkhiq81]

H1B transfer and cap exemption

Your petition is cap exempt and you can apply anytime. You can use this petition for the remaining period that you have stayed out of the country.

This is my opinion.