H1B Transfer after returning to India

[mathew.cind]

1. I got my H1b stamped on jan 2011 till 2013 sept and traveled to California, stayed there till june 2011 ( thru Company A )
2. Through the same company A, traveled again to US on june 2012
3. I applied for H1b extension and extended till feb 2016 while in US
4. and returned back to india on august 2013.
4. After coming back from US, i resigned from company A and started a small startup.
5. Meanwhile, company A withdrew my H1b sponsorship.

Now i would like to travel to US and is it possible to do a H1b transfer?
I do have all my paystubs till i worked in US and the petition which was valid till 2016 but i dont have a stamp on my passport.

so please advice

[raghvi]

1. I got my H1b stamped on jan 2011 till 2013 sept and traveled to California, stayed there till june 2011 ( thru Company A )
2. Through the same company A, traveled again to US on june 2012
3. I applied for H1b extension and extended till feb 2016 while in US
4. and returned back to india on august 2013.
4. After coming back from US, i resigned from company A and started a small startup.
5. Meanwhile, company A withdrew my H1b sponsorship.

Now i would like to travel to US and is it possible to do a H1b transfer?
I do have all my paystubs till i worked in US and the petition which was valid till 2016 but i dont have a stamp on my passport.

so please advice

First find an employer who has work for you and is willing to be your petitioner. Provide them with the old approved petition copy and they should be able to initiate their own cap exempt petition. Once USCIS approves this petition it will issue a new I797. Then you can schedule an interview at a local consulate by filling an online DS1-160 form, and using information in the new I797. If visa granted you can travel and work for the new employer.

This is my opinion not legal advice.

[mathew.cind]

Thank you so much for your reply

Just another query: Does it have any time frame to apply a cap-exempt H1b? Like till the feb-2016 (previously extended date)?

Regards,
Mathew

[raghvi]

Thank you so much for your reply

Just another query: Does it have any time frame to apply a cap-exempt H1b? Like till the feb-2016 (previously extended date)?

Regards,
Mathew

As you have already been in US on H1 on this petition it would be 6 Years from you last valid pay stub that is till Aug 2019.

This is my opinion not legal advice.

[mathew.cind]

Thank you, i would be relieved that I have this option till 2019