H1B Validity while outside USA

[sd123]

Hi,

I got my H1B in Oct 07 and came to US in Dec 07 through company A. I got my H1 transferred to company B in March 07. Now, for some personal reasons, I need to go back to India for 2 years. I have few queries regarding this:

1. Will I need to file a new H1 under the quota?
2. If not, before I come back, can I get H1 transferred to some other company?
3. What is the validity of this new H1?

I found this on the web which states otherwise.
Chat User: If I used 4 years on my H-1 and then went to India for more than a year, can a new employer file an H-1 for the 2 years I didn't use? Will I be subject to the cap?

Attorney: Yes, under the recent USCIS memo one can recapture the time abroad and file a new H1B for the balance of time remaining, if the full 6 years was not used for the first time around. In this situation, one would not be subject to the cap.

Can someone please comment on this?

Thanks,
S

[DMX17]

1. NO
2. Yes
3. 3 yrs at first and then whatever time remains from 6 yr total. Time spent outside the U.S. and time spent in other status (except L1) does not count.

Check out the FAQs on immihelp H1 section.

[sd123]

Thanks for the reply. I will not be employed with company B while outside USA. So as mentioned in the last question in https://www.immihelp.com/h1-visa-transfer-faq/, I'll have to file for a h1 transfer with employer C while in India and then come to US with the new employer. Did I get that right? Please let me know.

Thanks again,
S

[DMX17]

Thanks for the reply. I will not be employed with company B while outside USA. So as mentioned in the last question in https://www.immihelp.com/h1-visa-transfer-faq/, I'll have to file for a h1 transfer with employer C while in India and then come to US with the new employer. Did I get that right? Please let me know.

Thanks again,
S

I think you got it right. The new I-797 for your intended employer is required before you enter with a valid visa.

[sd123]

Thanks for the prompt reply.
S