Out of cap H1B visa

[karupps88]

Hi,

I initally had a H1B visa with Employer A from May-2012 till Mar-2013 and an approved extension from Feb-2013 till Oct-2015. I was in U.S from Jul-2012 till Oct-2013 and returned back to India by end of Oct-2013 and continued to work with Employer A in India. I have switched my job recently (Apr-2014) and i'm now with Employer B.

Following are my questions regardidng the out of cap exempt quota to trans

1. Employer B has promised the H1B VISA transfer for me, but does the transfer needs to be filed by Employer B before my VISA validity ends (i.e) Oct 2015?
2. Suppose if things does not work out and I dont get a transfer filed by employer B, will my VISA still be VALID with Employer A? I mean for certain reasons, if I decide to join back Employer A (before my VISA validity ends), will my VISA be valid with them?

Appreciate any inputs on these questions

Regards,
Karups

[Nattybone]

Hello, Karupps88.

The visa belongs to you. You are free to move the visa to whoever you deem fit. Of course, the employer should be a bonafide company meeting all the criteria for sponsoring H1Bs.

You are free to move the visa to Employer B, or some other employer. All you and your employer need to do is file the transfer petition.

Answering your questions:

1. Employer B has promised the H1B VISA transfer for me, but does the transfer needs to be filed by Employer B before my VISA validity ends (i.e) Oct 2015? The transfer can happen any time upto 6 years from the time you last held valid H1B status. You mentioned you were in USA on H1B till Oct 2013, so an employer (not just B) can file for transfer of your existing H1B upto Oct 2019.

2. Suppose if things does not work out and I dont get a transfer filed by employer B, will my VISA still be VALID with Employer A? I mean for certain reasons, if I decide to join back Employer A (before my VISA validity ends), will my VISA be valid with them? Your visa stays valid till October 2019, and you can move it to any employer A, B, C, D (who can sponsor H1Bs) any number of times.

I hope this helps.

Wishing you luck.

Hi,

I initally had a H1B visa with Employer A from May-2012 till Mar-2013 and an approved extension from Feb-2013 till Oct-2015. I was in U.S from Jul-2012 till Oct-2013 and returned back to India by end of Oct-2013 and continued to work with Employer A in India. I have switched my job recently (Apr-2014) and i'm now with Employer B.

Following are my questions regardidng the out of cap exempt quota to trans

1. Employer B has promised the H1B VISA transfer for me, but does the transfer needs to be filed by Employer B before my VISA validity ends (i.e) Oct 2015?
2. Suppose if things does not work out and I dont get a transfer filed by employer B, will my VISA still be VALID with Employer A? I mean for certain reasons, if I decide to join back Employer A (before my VISA validity ends), will my VISA be valid with them?

Appreciate any inputs on these questions

Regards,
Karups

[karupps88]

Hi Nattybone,

Thank you for the response. Greatly appreciate your inputs

Regards,
Karups