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Hi,
I got a H1B visa from employer A initially for one year and later got extended with the same employer when I was in US. The H1B extension I got is expiring in Oct-2015. Due to personal reasons, I traveled back to India in Nov-2013 and have not traveled again to US. My physical stay in US on H1B is 16 months (56 months still left in the 6 years of H1 quota).
In April 2014, I switched the company and moved to employer B. Since my H1B extension is expiring in Oct-2015, is it mandatory that I should get it transferred to employer B before October?.
Reason I'm asking this question is because, I checked with few of my friends and they are saying out-of-cap H1B petition can be filed till Nov-2019 (6 years from the last exit from US). Also, when you file a out-of-cap petition, you will get validity as if its a new H1B (except for the period which I physically stayed in US (i.e) 16 months)
Wanted to know if the above explanation is correct. Please help.
P.S: Please note I do not have a valid stamping, as the stamping was given for one year based on initial VISA and I have not stamped my extension after coming back to India
Regards,
Karups
I got a H1B visa from employer A initially for one year and later got extended with the same employer when I was in US. The H1B extension I got is expiring in Oct-2015. Due to personal reasons, I traveled back to India in Nov-2013 and have not traveled again to US. My physical stay in US on H1B is 16 months (56 months still left in the 6 years of H1 quota).
In April 2014, I switched the company and moved to employer B. Since my H1B extension is expiring in Oct-2015, is it mandatory that I should get it transferred to employer B before October?.
Reason I'm asking this question is because, I checked with few of my friends and they are saying out-of-cap H1B petition can be filed till Nov-2019 (6 years from the last exit from US). Also, when you file a out-of-cap petition, you will get validity as if its a new H1B (except for the period which I physically stayed in US (i.e) 16 months)
Wanted to know if the above explanation is correct. Please help.
P.S: Please note I do not have a valid stamping, as the stamping was given for one year based on initial VISA and I have not stamped my extension after coming back to India
Regards,
Karups
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