H1 validity

[deepsy08]

I went to US on H1 for Employer A in Nov 2006, joined Employer B in Dec 2008 and later joined employer C in US in Aug 2010. I took an international transfer to India through same employer C (employer c has a india branch) my visa and I94 are valid through Dec 2012. Now that I got transferred to India, I want to know if my H1 which was filed through emp C in US is valid, and that can I ask my employer (India subsidary or employer C) to send me for US opportunities on same visa?

[shervin143]

If that petition is still valid and if the job (in U.S) still exist, then you can use that petition to travel to U.S to work for the petitioner. You will need to carry the latest employment verification letter from the U.S employer.

[deepsy08]

Hi Shervin,

Thank you for your response.
As I said, I have taken an international transfer to India subsidary of the same company. so I am employed with Indian co and not US branch. Petition is still valid (till 2012 dec) . Now is this a valid case.

[kabkaba]

If you have not spent 6 years in the US in H1 or L1 status, any employer can file a cap-exempt petition for you at any time. Whether previous H1 petitions are valid, revoked, canceled or expired does not matter. Since your first petition was approved in 2006, this cap-exemption may be valid only until 2012 (6 years).

After petition is approved, you will need to obtain H1 Visa from Consulate/Embassy and travel to US to work for that employer. If current Visa is valid at the time of traveling, you can use that too.

If C has not revoked or canceled their petition, you can work for them using that petition also without need for filing another petition. However, your total stay in the US in H1 status is limited to 6 years.

Since you have spent more than 1 year outside the US, you can qualify for fresh 6 years also. However, that petition will be subject to cap and can be filed only when the cap is open. (April filing for Oct start date).