H1B transfer from outside US with 5.5 years complete


meto

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I had my last I797 approved till June 2017 and i will be completing my 6 years of H1B visa by then. My contract with my employer was terminated in Feb 2017 and i came back to India on April 2017 since i was not able to find a new employer and spend 55 days of the 60 days grace period (without payslip) allowed to search for employment. I have my I140 approved (in Jan 2017) with my last employer and was told that the I140 will not be revoked. I had about 65 days remaining of my 6 years of H1B.

Will a new employer be able to sponsor me in my case out of cap? If yes, what are the possibilities of I797 duration in my case? Will that be 65 days or 3 years.  

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2 hours ago, meto said:

I had my last I797 approved till June 2017 and i will be completing my 6 years of H1B visa by then. My contract with my employer was terminated in Feb 2017 and i came back to India on April 2017 since i was not able to find a new employer and spend 55 days of the 60 days grace period (without payslip) allowed to search for employment. I have my I140 approved (in Jan 2017) with my last employer and was told that the I140 will not be revoked. I had about 65 days remaining of my 6 years of H1B.

Will a new employer be able to sponsor me in my case out of cap? If yes, what are the possibilities of I797 duration in my case? Will that be 65 days or 3 years.  

Your new employer can sponsor H1B using your approved I140 up to 3 years extension with CAP exempt..

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