H1B visa expired on 30th Sept 2013, Can i get a visa extension/new H1B visa now?

[Sayani]

Hello,
I am an Indian citizen.
My I-797B petition states that it was valid from 12/01/2010 to 09/30/2013. My H1B stamped on my passport states issue date 29JUN2011 and expiry date 30SEP2013.
My H1B visa was owned by my Indian employer.I was sent on a work assignment to USA by my employer.
I worked in USA from July 2011 to July2013 (2 years exactly) and after that i came back to India as my work assignment got over.

After coming back to India, after a few months i changed job to a new employer in India.
I want to pursue US job opportunities now due to my personal reasons.But when i am approaching US employers they are asking my Visa validity.

I would like to understand if my expired visa/I797B can be extended/transferred now ?
I have heard H1B is valid for 6 years (3+3).
So am i eligible for a visa extension if my new employer or any other employer is ready to sponsor my H1B.
I have stayed for 2 years exactly in US,so if i get a new H1B, would it be for 4 years.

what is exactly CAP exempt? Do i fall in that category? if yes till when.

I would be grateful if someone answers my queries.

[sh_12]

Hello,
I am an Indian citizen.
My I-797B petition states that it was valid from 12/01/2010 to 09/30/2013. My H1B stamped on my passport states issue date 29JUN2011 and expiry date 30SEP2013.
My H1B visa was owned by my Indian employer.I was sent on a work assignment to USA by my employer.
I worked in USA from July 2011 to July2013 (2 years exactly) and after that i came back to India as my work assignment got over.

After coming back to India, after a few months i changed job to a new employer in India.
I want to pursue US job opportunities now due to my personal reasons.But when i am approaching US employers they are asking my Visa validity.

I would like to understand if my expired visa/I797B can be extended/transferred now ?
I have heard H1B is valid for 6 years (3+3).
So am i eligible for a visa extension if my new employer or any other employer is ready to sponsor my H1B.
I have stayed for 2 years exactly in US,so if i get a new H1B, would it be for 4 years.

what is exactly CAP exempt? Do i fall in that category? if yes till when.

I would be grateful if someone answers my queries.

I am also in same situation. Any response??

[raghvi]

Hello,
I am an Indian citizen.
My I-797B petition states that it was valid from 12/01/2010 to 09/30/2013. My H1B stamped on my passport states issue date 29JUN2011 and expiry date 30SEP2013.
My H1B visa was owned by my Indian employer.I was sent on a work assignment to USA by my employer.
I worked in USA from July 2011 to July2013 (2 years exactly) and after that i came back to India as my work assignment got over.

After coming back to India, after a few months i changed job to a new employer in India.
I want to pursue US job opportunities now due to my personal reasons.But when i am approaching US employers they are asking my Visa validity.

I would like to understand if my expired visa/I797B can be extended/transferred now ?
I have heard H1B is valid for 6 years (3+3).
So am i eligible for a visa extension if my new employer or any other employer is ready to sponsor my H1B.
I have stayed for 2 years exactly in US,so if i get a new H1B, would it be for 4 years.

what is exactly CAP exempt? Do i fall in that category? if yes till when.

I would be grateful if someone answers my queries.

Simplistically speaking, you are cap exempt because you are already cap counted in last 6 years. This means, for any employer needing a H1 visa holder, need not have you apply in a fresh cap (01-April starting one) and do not need to be part of h1 lottery , if any. You are cap exempt for 6 Years from last held valid H1 status. So if you last in valid H1 with valid paystub till July 2013, you technically are cap exempt till July 2019.
What the next employer needs to do is file a cap exempt H1 petition for you, by providing proof of your earlier H1 approved petition, which was valid till Sep-2013. Based on this, and authenticity of new employer documents, and the duration requested by the new employer, USCIS will take a decision as to how long to approve the petition for. Do also provide your last held paystubs. A good lawyer of the new employer should be able to articulate the petition documentation. You technically are eligible for 4 more Years of H1, but may not get full 4 Years upfront, may get upto max 3 Year depending upon what the employer requests for.

This is my opinion not legal advice.