Transfer H1B ( new Cap-Exempt ) in India after Extension Expiry

[sbadri2001]

Here is my scenario. Please go through it and provide answer for my questions. 

 

- I applied for a H1B visa ( from India ) during Oct 2011 and started working from status around the same time. 

- I worked in US for only 2 years - i.e., from Oct 31,2011 to Dec 25th 2013

- I had applied for an extension before by exit and was on an H1B extension ( valid 1 year ) from Oct 8, 2013 to Oct 7, 2014

- I moved back to India and continued to work here and my Extension expired Oct 7th, 2014.

- I am working in India, after my return, for about a year and 3 months now. 

 

My Questions -

1. I plan to switch employer in India. Can I find a US based employer in India, who can transfer my Visa, although expired, to be processed cap-exempt, so that I get remaining term on my Visa before max out ?
2. If so, what would be the approximate term I may get ? Is it the whole 4 years ( as I stayed 2 years in US ) ?
3. Will there be a problem of rejection during stamping in US embassy, before travelling ?

FYI - 

- I am from Computer sceience background suring UG and working in the industry for almost 8 years now. If it matters. 

- Also, I haven't stamped the Extension on my return or re-applied new Cap-expemt after the extension expired. 

 

Please Suggest. 

[jairichi]

1. Yes.

2. You are eligible for 6 years - time spent in US on H1B. At any given time USCIS will not approve a petition beyond 3 years.

3. Should not be an issue as long as you have all necessary documents.

[sbadri2001]

Thanks for the Clarification.

 

I hope I will be able to file a cap-exempt with new employer although I stayed more than a year, outside US, but given that I have my Visa stamped well  less than 6 years ago. 

 

There was some forum which had me confused by mentioning that cap-exempt can only be filed within the first year, outside US. 

[sbadri2001]

Thanks for the Clarification. 

 

I hope I will be able to file a cap-exempt with new employer although I stayed more than a year, outside US, but given that I have my Visa stamped well  less than 6 years ago. 

 

There was some forum which had me confused by mentioning that cap-exempt can only be filed within the first year, outside US. 

[jairichi]

Thanks for the Clarification.

 

I hope I will be able to file a cap-exempt with new employer although I stayed more than a year, outside US, but given that I have my Visa stamped well  less than 6 years ago. 

 

There was some forum which had me confused by mentioning that cap-exempt can only be filed within the first year, outside US. 

You are cap exempt.

[sbadri2001]

Thank You.