Received offer from US, H1B expired 4 years back

[Venkateswara_]

Hello All, Hope you are having a great day! 

 

My case is as follows:

 

H1B start date: Oct, 2008

Company A applied GC with Priority date: Feb, 2014

I 140 approval date: Oct, 2014

6th year H1B expiry date: Nov 20th, 2014

Company A was planning to extend but I moved to India as I got a great opportunity within the same company A in Nov, 2014.

I got an offer in US from company B last week and they have agreed to sponsor a visa.

 

My questions are:

1. Is it going to be a transfer of H1B or new H1B

2. If its new, will I be H1B Cap exempt as I have I 140 approved

3. Can I ask for premium processing as company B wants me to join within next 2 weeks

4. Is there any risk while applying for H1B and also in visa stamping

 

Could you please help me.

 

Thanks a lot!
 

[adshah84]

There is no such thing as H1b transfer. 

If your I140 is not revoked Company B can file cap exempt petition for you in Premium. 

I don't see any risk for stamping is Job and Company all is genuine. 

[JoeF]

An H1 transfer is just a new, cap-exempt H1 petition.

[Venkateswara_]

Thank you so much!

[Venkateswara_]

Company has requested their attorney's to apply H1B through premium processing. The attorney's have shared their concern that it might take 4-5 months to get visa stamped in India due to availability of consular dates. Due to this, company looks like they are not keen on waiting for so long.

Are there any suggestions to tackle this situation? Can I get the approval for premium processing and travel to US on B1/B2 visa and start the role? Later, change the status and get it stamped as I cross the border? (Not sure if this is even an option, just exploring as I am out of ideas)

 

I like the company as it is a non-IT MNC and the position it is offering to me. I do not want to miss such a great opportunity.

 

Could you please suggest a solution...

 

Thank you so much!

[JoeF]

You can not work for the company on a visitor visa.

[Venkateswara_]

I meant, work for the company after premium processing of H1B is approved. Since current appointment dates are available only in September, either try for emergency visa appointment dates or travel to US on B1/B2 and later get visa stamped. Is this an option?

[JoeF]

The H1 would be for consular notification, so the approval won t have an I-94 if you are not in the US when it is filed.

And entering on B2 and soon after filing a COS to H1 would likely result in denial due to fraud, because it would be entering with the intent to change to H1.

The bottom line: such stuff is not going to work.