1year of approved H1 petition expiring 2021,India,5year completed in US in 2020.

[jrathodc]

Hi,

I completed 5 years in the US in October 2020 and got H1b lottery in the second round. Came back to India. Got petition approved and got period of 1 Year which is expiring this October 2021. Haven't got my VISA stamped due to pandemic and consulates not working. Do I have to go through H1B lottery again since my visa is not stamped as well haven't traveled to the US so the 6-year stay cap is not fulfilled as well I am about to complete a one-year cooling period? Can I file a new petition based on the currently approved petition? Can I transfer my H1b to another employer ?

Please help and get my query resolved.

Regards,
JR.

[rkk09]

Hi,
if you have one more year in your account then you can utilize the same. Please note, H1B days will be calculated only when you are in the USA. Since you are out side of USA, your one year balance will be remain in your account for usable. But if you are not going to travel before Oct 2021 then you will need to file another petition to use the one year.
Thanks

[jrathodc]

Thanks for replying rrk09. Do I have to file the petition from the same employer or new employer can file the petition and claim this unused 1year? Is it possible to transfer H1b to another employer?

Kindly advice.

Regards,
JR

[rkk09]

Hi,
Please see my response below.
Do I have to file the petition from the same employer or new employer can file the petition and claim this unused 1year? Is it possible to transfer H1b to another employer?
Answer: If you have one year balance on H1B, It can be used by either current Employer or new Employer. If you want to do transfer, Yes. you can do. File the petition and get approved for remaining one year.
Thanks