Is my H1B visa still valid?

[kalp]

Friends,
Need your view on following case-

• My original H1B with company X ,from Oct 1, 2007 to Sept 23, 2010
• In March- 2009, I was let go from company X
• I got B2 approved (to search new job) for the duration May 12, 2009 to July 31, 2009
• In between a desi company, Y transferred my H1B and I worked with them from August 3,2009 to December 2009.
• Since employer Y, went back on his word and did not pay.I came back to India in December 2009.
• In India, I worked for different employer.
• My current employer, now wants me to send USA.
• Summary- H1b starting data is Oct 1, 2007. Till today, I was out of USA for 3.5 years. Would they allow me to use up remaining duration of 6 years period?
• I checked on USCIS site using the latest recepit number and the status say- Decision

On August 3, 2009, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice
• My question is - is my previous H1B still valid? Can I get it transferred to current employer?

Thanks in advance for your help

[raghvi]

Friends,
Need your view on following case-

• My original H1B with company X ,from Oct 1, 2007 to Sept 23, 2010
• In March- 2009, I was let go from company X
• I got B2 approved (to search new job) for the duration May 12, 2009 to July 31, 2009
• In between a desi company, Y transferred my H1B and I worked with them from August 3,2009 to December 2009.
• Since employer Y, went back on his word and did not pay.I came back to India in December 2009.
• In India, I worked for different employer.
• My current employer, now wants me to send USA.
• Summary- H1b starting data is Oct 1, 2007. Till today, I was out of USA for 3.5 years. Would they allow me to use up remaining duration of 6 years period?
• I checked on USCIS site using the latest recepit number and the status say- Decision

On August 3, 2009, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice
• My question is - is my previous H1B still valid? Can I get it transferred to current employer?

Thanks in advance for your help

Whats the date on your last valid paystub in US while on H1?

[kalp]

Whats the date on your last valid paystub in US while on H1?

December- 2009

[raghvi]

You said they didnt pay "Since employer Y, went back on his word and did not pay.I came back to India in December 2009"...

If you have valid payment record for Dec 2009 then any employer can use the existing H1 approval notice and file a cap exempt H1 petition for you till Dec 2015. You need not apply for fresh H1 Cap till then. Once the new employer's petition is approved you can go for fresh visa stamp for that employer and once the visa is approved you can travel and work for that employer.

This is my opinion not legal advice.

[kalp]

You said they didnt pay "Since employer Y, went back on his word and did not pay.I came back to India in December 2009"...

If you have valid payment record for Dec 2009 then any employer can use the existing H1 approval notice and file a cap exempt H1 petition for you till Dec 2015. You need not apply for fresh H1 Cap till then. Once the new employer's petition is approved you can go for fresh visa stamp for that employer and once the visa is approved you can travel and work for that employer.

This is my opinion not legal advice.

Hi Raghvi, Thanks for the reply.

I had mentioned correctly in the question that they did not pay. However, before leaving them in Dec-2009, I had fought with them to release at least last months pay-stub, so that I can use that as a proof. They did release a pay-stub, I doubt that it was valid because I did not get corresponding amount in my bank account. I had already come back to India and did not pursue matter with them. Therefore, I doubt if it was a valid pay stub.

The valid pay-stub that I have with me is of March-2009 with company X.

Will it change what you suggested previously?

Again, thanks so much for taking time out to reply

[raghvi]

Hi Raghvi, Thanks for the reply.

I had mentioned correctly in the question that they did not pay. However, before leaving them in Dec-2009, I had fought with them to release at least last months pay-stub, so that I can use that as a proof. They did release a pay-stub, I doubt that it was valid because I did not get corresponding amount in my bank account. I had already come back to India and did not pursue matter with them. Therefore, I doubt if it was a valid pay stub.

The valid pay-stub that I have with me is of March-2009 with company X.

Will it change what you suggested previously?

Again, thanks so much for taking time out to reply

Then you have time till March 2015 to find a h1 sponsor. After that you will have to be part of H1 in April 2015, I dont know if it will be another lottery at that time too.... with a start date of Oct 2015.

This is my opinion not legal advice.

[kalp]

Then you have time till March 2015 to find a h1 sponsor. After that you will have to be part of H1 in April 2015, I dont know if it will be another lottery at that time too.... with a start date of Oct 2015.

This is my opinion not legal advice.

Somebody told me that the application to utilize remaining H1B time should be filed within 6 years from the date of issue of H1b (in my case, it is Oct 1, 2007). i.e. I should have applied by Sept 30, 2013.

Is this correct?

thanks

[raghvi]

Somebody told me that the application to utilize remaining H1B time should be filed within 6 years from the date of issue of H1b (in my case, it is Oct 1, 2007). i.e. I should have applied by Sept 30, 2013.

Is this correct?

thanks

Its an either/or option. Either apply within 6 Year from initial start date OR within 6 Years of last held H1 status.

This is my opinion not legal advice.