H1B visa Renewal

[mukesh08sr]

Please help to on the below query....

I had stamped H1b visa sponsored by XYZ Company which was issued in AUGUST 2011 and got expired in MAY 2012. I never traveled to US using any of US visa.

In JUNE 2012 I resigned from XYZ and rejoined again same XYZ Company in NOVEMEBR 2012.

I have two queries:
1. Am I eligible for cap-exempt category or not ? As far as i know USCIS allows a maximum period of 6 years after visa
approval to recapture unused time ?

My employer XYZ is saying that I am not eligible for cap-exempt category. The reason they are stating that that previous
H1B approval notice was withdrawn.

2. If I join to new company outside of USA, can I transfer my H1B to new employer?

Thanks in Advance. Please help on this.

[shervin143]

1. Am I eligible for cap-exempt category or not ? As far as i know USCIS allows a maximum period of 6 years after visa
approval to recapture unused time ?

My employer XYZ is saying that I am not eligible for cap-exempt category. The reason they are stating that that previous
H1B approval notice was withdrawn.

>>> You are eligible to file a new CAP exempt petition. H1B CAP once secured is valid for 6 years from the date of H1B approval. Your current employer or any new employer can file a new H1B petition for you using the CAP from your previous expired / revoked petition.

2. If I join to new company outside of USA, can I transfer my H1B to new employer?
>>> Yes.

[mukesh08sr]

>>> You are eligible to file a new CAP exempt petition. H1B CAP once secured is valid for 6 years from the date of H1B approval. Your current employer or any new employer can file a new H1B petition for you using the CAP from your previous expired / revoked petition.

Thanks a lot @shervin143 for sharing info. Do you have any web link available for uscis rules in this regards. I will visit uscis site and will try to search this specific rule but in case if you know any link please share.

Thanks
-Mukesh

[shervin143]

I do not have any link. A good immigration attorney should be able to help.

Thanks a lot @shervin143 for sharing info. Do you have any web link available for uscis rules in this regards. I will visit uscis site and will try to search this specific rule but in case if you know any link please share.

Thanks
-Mukesh

[mukesh08sr]

I do not have any link. A good immigration attorney should be able to help.

Thanks Shervin ....Sure I Will check with attorney.

-cheers