Transfering unused and expired H1b to new employer

[zeusdlord]

Dear immigration experts,

 

I was working in US thru Company A in L1A visa during 2009. In parallel, I applied for H1b (2009-10) cap thru company B and my petition was approved for 3 years (till May-2012). Since I continued with my L1 employer (Company A), I neither stamp my H1B nor used.

 

If I decide to quit my L1 employer and join some other H1 sponsor, is it possible? Coz, I got full-time job offer now and my new employer is asking my visa status before issuing offer letter.

 

Request your inputs for below scenarios.

1. Can I use this H1 again for joining new company? Can new company transfer my unused H1b?
2. Will it come under 2014 cap or cap-exempt?
3. Since I am not joining my original H1b sponsor, will it create any problem during H1b transfer?

Thanks in advance.

[jairichi]

Your total stay on H1B is 6 years and it includes stay on L1 status too. Do the maths and decide.

[zeusdlord]

Thanks. I came back to US couple of months back after being out of US for 1.5 yrs.

 

Can I assume that I can transfer my unused and expired H1b to other employer?

 

Thanks.

[jairichi]

Thanks. I came back to US couple of months back after being out of US for 1.5 yrs.

 

Can I assume that I can transfer my unused and expired H1b to other employer?

 

Thanks.

Since your H1B petition was not filed after you stayed outside US for more than a year you are eligible for 6 years - time spent in US on L1A status.

[wiweq]

1. Can I use this H1 again for joining new company? Can new company transfer my unused H1b?

=> Because, your H1b was approved and counted towards cap, you are cap exmepted for L1+H1b 6 years, its yes, yes.

1. Will it come under 2014 cap or cap-exempt?

=> Cap exempt.

1. Since I am not joining my original H1b sponsor, will it create any problem during H1b transfer?

=> No problem, joining original H1b sponsor is not necessary to avail cap-exemption. 

[zeusdlord]

Since your H1B petition was not filed after you stayed outside US for more than a year you are eligible for 6 years - time spent in US on L1A status.

Thanks Very much for your inputs.

[zeusdlord]

 

1. Can I use this H1 again for joining new company? Can new company transfer my unused H1b?

=> Because, your H1b was approved and counted towards cap, you are cap exmepted for L1+H1b 6 years, its yes, yes.

1. Will it come under 2014 cap or cap-exempt?

=> Cap exempt.

1. Since I am not joining my original H1b sponsor, will it create any problem during H1b transfer?

=> No problem, joining original H1b sponsor is not necessary to avail cap-exemption. 

 

Appreciate your detailed answers. I am clear with process now. Plz wish me good luck for transfer. :-)