H1B Queries & 6 Year Term Requirements

[arajesh19]

Situation 1:
If a company filed for an H1B visa for an individual from India when there were 1,95,000 visas issued (sometime prior to the 65,000 cap coming into effect), and the individual never came to the US since then, and now has to travel with another company to the US on an H1B visa, will the H1B be subject to a cap or a simple H1B transfer is required.

Situation 2:
If a company filed for an H1B visa for an individual in the US and that person uses the H1B for one year and then leaves the US for 365+ days and wishes to return to the US with another employer, will his visa be subject to a cap or a simple H1B transfer will suffice.

Also, I am slightly confused by the "physical stay on H1B" requirement.

If on H1B, does the "clock" reset irrespective of whether an individual has not completed a 6 year H1B term, if he left the US for a period of more than 1 year.

Seniors, please respond.

Thanks
Rajesh

[Subramanya]

If a company filed for an H1B visa for an individual from India when there were 1,95,000 visas issued (sometime prior to the 65,000 cap coming into effect), and the individual never came to the US since then, and now has to travel with another company to the US on an H1B visa, will the H1B be subject to a cap or a simple H1B transfer is required.

---- If the 6 years are complete on that H1, then the person has to reapply for a fresh H1 that will be subject to cap. If the 6 years period is not yt over, then the H1 visa stamp on the Passport has to be valid and at the POE the person has to justify the late entrance along with proof of job/assignment/project etc. If however, the person changes company within the validity period it can be transferred to that company without being subject ot cap

Situation 2:
If a company filed for an H1B v
isa for an individual in the US and that person uses the H1B for one year and then leaves the US for 365+ days and wishes to return to the US with another employer, will his visa be subject to a cap or a simple H1B transfer will suffice.

---- H1 transfer will suffice with the 6 year rulw being applied

Also, I am slightly confused by the "physical stay on H1B" requirement.

If on H1B, does the "clock" reset irrespective of whether an individual has not completed a 6 year H1B term, if he left the US for a period of more than 1 year.

---- NO, the clock will not reset. The option available is that the period can be recaptured if the person returns to work in the US within the 6 year period

Subramanya

[arajesh19]

Thank you very much Subramanya.

As an additional question, if a person in India who never came to the US and whose initial H1B petition (first 3 year term) has expired from Company A, now wishes to come to the US on an H1B visa through Company B, will he be subject to the cap or will an H1b transfer apply to this case.

Rajesh

[Subramanya]

As an additional question, if a person in India who never came to the US and whose initial H1B petition (first 3 year term) has expired from Company A, now wishes to come to the US on an H1B visa through Company B, will he be subject to the cap or will an H1b transfer apply to this case.

---- H1 transfer as per the 6 year rule. You may have to enquire if the renewal after 3 years is mandatory as there may be some provisions or some rule that I am not aware of

Subramanya

[arajesh19]

Thanks again Subramanya.

Rajesh