H1B transfer of expired Visa & I797

[vikram.bendre]

Hello Experts,
I was selected in the lottery in 2007. Below are my visa details.

H1B visa : 13th Sept 2007 to 7th Sept 2010.
My I797 dates are : 1st Oct 2007 to 7th Sept 2010.

I stayed in USA with H1B visa for only 7 months & currently I am in India. Now I have received an offer from a consultancy firm who said that he can get the H1B transferred. His point is that I have not completely utilized the 3 year term of H1B I was allowed. He also mentioned that he will be filing a fresh I797 petition.

Is the process mentioned above possible? is it legal? Do I fall under cap exempt? Can H1B transfer be done while I am in India? Request for your help.

[snehanew]

Hello Experts,
I was selected in the lottery in 2007. Below are my visa details.

H1B visa : 13th Sept 2007 to 7th Sept 2010.
My I797 dates are : 1st Oct 2007 to 7th Sept 2010.

I stayed in USA with H1B visa for only 7 months & currently I am in India. Now I have received an offer from a consultancy firm who said that he can get the H1B transferred. His point is that I have not completely utilized the 3 year term of H1B I was allowed. He also mentioned that he will be filing a fresh I797 petition.

Is the process mentioned above possible? is it legal? Do I fall under cap exempt? Can H1B transfer be done while I am in India? Request for your help.

your US stay dates please...

[vikram.bendre]

your US stay dates please...

Thank you for quick reply.
I stayed in US on 2 occasions.
First : from Oct 2007 - Mar 2008 (5-6 months)
Second: Nov 2008 - Dec 2008 (1-2 months)

Thank you for expert advice in advance.

[snehanew]

Thank you for quick reply.
I stayed in US on 2 occasions.
First : from Oct 2007 - Mar 2008 (5-6 months)
Second: Nov 2008 - Dec 2008 (1-2 months)

Thank you for expert advice in advance.

You time is running out you have to file within this month otherwise it is gone.If you are not able to file within this month then you have to file new H1B for quota 2015

[vikram.bendre]

You time is running out you have to file within this month otherwise it is gone.If you are not able to file within this month then you have to file new H1B for quota 2015

Hi Sneha, Thank you for your response. Are you sure of this? Because I have not heard anything like this in any forum. Everyone mentions about 6 years from the expiry date of I797. And they all consider the time I have spent in US on H1b (whether I have utilized full 3 years or not).

Anyone else with similar situation? Please help.