SAliq123 Posted July 1, 2021 Report Share Posted July 1, 2021 Org A filed my petition in 2015 and was picked with validity from Oct 2015 to Jul 2017. I traveled to US and worked with Org A for 10 months July 2016 to May 2017. Then I came back to India and resigned. I am out of USA for 5years now. Can Org B transfer and use same H1b. I read on this forum that a h1b petition is valid for 6 years stay. How long I can be out of US and use H1 cap exemption. Quote Link to comment
JoeF Posted July 2, 2021 Report Share Posted July 2, 2021 You are cap-exempt, since you haven't used up the full 6 years. A new employer can file an H1 for you at any time. Quote Link to comment
Zodiac System Posted July 2, 2021 Report Share Posted July 2, 2021 (edited) Org. B will be able to transfer using the same H1b and even extend it until you complete 6 years on H1b. Request Org. B to start your PERM process while you are working with them so you can get an I-140 and become eligible for further extensions. Edited July 2, 2021 by Zodiac System Quote Link to comment
LeaveMessageH1B Posted July 2, 2021 Report Share Posted July 2, 2021 On 7/1/2021 at 4:21 AM, SAliq123 said: Can Org B transfer and use same H1b. Yes Quote Link to comment
gopalakrishnach Posted July 2, 2021 Report Share Posted July 2, 2021 Can Org B transfer and use same H1b --- Org B new H1B petition outside lottery... Outside lottery any time if you have previous H1B approved. If you want to reset clock.. then you must be outside USA for 1 complete year and go through lottery again... Quote Link to comment
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