H1-B related queries

[meenakshi11]

Hi,

I'm looking for some H1-B visa related advice. I've an H1-B VISA valid till 30-Sep-2015 (used only 12 months of the entire VISA duration). I recently returned back to my home country (India) as my project completed. My company is not planning to send me to the US anytime soon, neither are they filing for my H1 extension. Hence, I've started looking out for other options -

1. Is it possible to find a US employer, who can do my H1 transfer while I'm still back in India? If yes,
a. Within how much period of my return to India should it be done?
b. How long does the process take and what are my chances?

2. Let's say my current H1-B VISA expires and I travel to the US on a dependent H4/F2 VISA. What happens to my existing H1-B VISA then? Does it fall out-of-the cap? Can I still utilize my existing H1-B to find a job in the US by doing a H1 transfer?

3. Once my H1-B VISA expires, when does it fall out-of-the cap if I've not utilized the full duration of my H1-B?

Your timely advice would be really helpful.

Thanks!

[raghvi]

Hi,

I'm looking for some H1-B visa related advice. I've an H1-B VISA valid till 30-Sep-2015 (used only 12 months of the entire VISA duration). I recently returned back to my home country (India) as my project completed. My company is not planning to send me to the US anytime soon, neither are they filing for my H1 extension. Hence, I've started looking out for other options -

1. Is it possible to find a US employer, who can do my H1 transfer while I'm still back in India? If yes,
a. Within how much period of my return to India should it be done?
b. How long does the process take and what are my chances?

2. Let's say my current H1-B VISA expires and I travel to the US on a dependent H4/F2 VISA. What happens to my existing H1-B VISA then? Does it fall out-of-the cap? Can I still utilize my existing H1-B to find a job in the US by doing a H1 transfer?

3. Once my H1-B VISA expires, when does it fall out-of-the cap if I've not utilized the full duration of my H1-B?

Your timely advice would be really helpful.

Thanks!

1. Yes.
a. You would be cap exempt for 6 Years from your last working day in US on H1 status.
b. Once the employer files the petition 2-4 Weeks in premium, 2-4 Months in normal processing. As for chances, it depends upon how stron the documentation is, internal projects, employer having only 5-100 people, multi layers between you and end client, these are orange flags.
2. You would still remain cap exempt for 6 Years from last held H1 status.
3. Within 6 years of your last held valid H1 status.

This is my opinion not legal advice.

[meenakshi11]

Thanks for the quick response. Few more follow on questions on #2.
a. So if I enter the US on H4/F2, can I apply for change of status to H-1B? My current H-1B since its cap exempt, can it still be used? What are my chances here?

[raghvi]

I though I already answered that : "You would be cap exempt for 6 Years from your last working day in US on H1 status." "As for chances, it depends upon how stron the documentation is, internal projects, employer having only 5-100 people, multi layers between you and end client, these are orange flags."



This is my opinion not legal advice.

[meenakshi11]

Thanks a lot!