H1B expired and I am in India and want to go for extension/transfer

[tamkavinitesh]

Hi All,

My H1B VISA stamping was done on Feb 2012 from my current company. I traveled to USA on April 2012 and returned on May 2014. My stamped visa and petition got expired on 30th Sept 2014.
I want to go for VISA extension / transfer and want to travel again as there is no opportunity from my company.
So I would like to know

Is it possible to transfer and extend my VISA from India using other company who is looking for H1B requirements
or
Do I need to go for new H1B visa process that can be applied at next year that is for 2016?

Please help me.

Thanks
Arasan

[raghvi]

Hi All,

My H1B VISA stamping was done on Feb 2012 from my current company. I traveled to USA on April 2012 and returned on May 2014. My stamped visa and petition got expired on 30th Sept 2014.
I want to go for VISA extension / transfer and want to travel again as there is no opportunity from my company.
So I would like to know

Is it possible to transfer and extend my VISA from India using other company who is looking for H1B requirements
or
Do I need to go for new H1B visa process that can be applied at next year that is for 2016?

Please help me.

Thanks
Arasan

You would be considered cap exempt so your next employer can potentially file a cap exempt H1 and as soon as it is approved you can go for fresh stamping. You need not wait till 2015 Oct to work on H1 provided your employer does things rightly.

This is my opinion not legal advice.

[tamkavinitesh]

Thanks a lot Raghvi

You would be considered cap exempt so your next employer can potentially file a cap exempt H1 and as soon as it is approved you can go for fresh stamping. You need not wait till 2015 Oct to work on H1 provided your employer does things rightly.

This is my opinion not legal advice.

Thanks a lot Raghvi. One more clarification - How long the cap exemption is valid in my case, Expiry on Sept 2014 and I returned on May 2014. ?

Thanks
Arasan

[raghvi]

Thanks a lot Raghvi. One more clarification - How long the cap exemption is valid in my case, Expiry on Sept 2014 and I returned on May 2014. ?

Thanks
Arasan

I would say till May 2020 as per current rules.

This is my opinion not legal advice.