H1B Transfer After Being Out of the Country for 2 Years

[tosomu]

I had a specific question due to the unique situation I am in.

0. Entered United States on F1 visa for my BS Computer Engineering studies
Date of Entry: 03-Sep-1998
Valid From: 20-Aug-1998
Valid To: 19-Jun-2003

1. Change of Status from F1 to H1B for Company A
Receipt Date: 2-Nov-00
Notice Date: 18-Jan-01
Valid From: 14-Jan-01
Valid To: 1-Nov-03

2. Change of Status from H1B to F1 (Masters degree)
Receipt Date: 25-Apr-02
Notice Date: 4-Feb-03
Valid From: 9-Dec-02
Valid To: Duration of Status

3. Change of Status from F1 to H1B (H1 transfer) for Company B
Receipt Date: 23-Dec-03
Notice Date: 2-Jan-04
Valid From: 31-Dec-03
Valid To: 29-Dec-06

4. H1B Transfer to Company C
Receipt Date: 8-Sep-05
Notice Date: 5-Oct-05
Valid From: 3-Oct-05
Valid To: 3-Feb-08

5. Left USA due to Family Emergency on 02-Jan-2007
6. Applied for B1/B2 visa: Jun 2009. Was in US from Jun-July in 2009
7. Currently in US since April first week on B1/B2 visa.


The question is if the company C I worked for last or any other company is willing to offer employment, can I transfer my H1?

I have not used full 6 years of employment time - As per my calculations about a 1+ year is left on H1B, however I was out of the country since Jan 2007 and am currently in B2 status

I would appreciate your help in determining if H1 transfer can be done or not.

thanks.
Sam

[uspatil]

I am in the same boat, but with 3years of h1b used up and need to leave US for personal issues.

I was suggested by one of the senior members of this forum.

1) If you are outside that US for a year, then you can apply for fresh H1b valid for 6 years which comes under the CAP or else renew your H1b, if you have not used up your 6 years of H1b.

2)If you are outside US and your petition is valid/seems to me, if your employment is active in the US, as the immigration might ask you at the port of entry, then you can use the rest of the years in H1b (if in case you renewed it or it is still part of first or second 3 years of your H1b)

Other senior members of this forum might jump in and help us out here.
Please keep us updated

Thank you,
Ujwal

[tosomu]

Thanks Ujwal.

I do not want to wait for the cap to open in Oct as I want to start work asap. I am aware of option to apply for fresh h1b under new quote but do not wish to take that route.


Now, the the caveat here is that I am currently on visitor visa and am physically in the US. When I entered I honestly did not intend to look for work, but things have changed in past few days.

So the question comes up of can I use my old H1B and not be bound by Quota? I understand that the validity could be for a year+ only.

Seniors, if you can please help out.

thanks

[tosomu]

hi shervin,

can you please help.

thanks,
sameer

[shervin143]

There is not much difference between an H1B transfer and a new H1B. You are eligible to apply for fresh H1B which will get you a fresh 6 year term. Change of status from B1 to H1B will show your intent for immigration and the chances of approval is pretty less. Even if the petition gets approved by any chance, later when you go out of the country and have to get the visa stamped, you will have to face a lot of questions and the possibility of visa refusal is pretty high. So don't go for a COS from B1 to H1B. The quota is still open. Ask your employer to file a new H1B without COS. Once approved, get the H1B stamped (you can get it done from Canada) and re-enter in H1B and start working.