H1B trnasfer after visa refusal from current employer, please advice

[ll.gupta]

Friends,

I worked in US on H1B from Oct 2006 which was valid till Sep 2009. Being US, I applied for H1B extension and got approval till Sep 2012.

I came out of US for family visit in Oct 2010 to my home country. My passport has old stamped H1B Visa, Therefore I required a re-stamping of renewed H1B on my passport from US Embassy at my home country.

US Embassy at my home country issued me a 221g and put my case under admin processing And after 1 year and thereafter refused issuing me VISA.

My current US Employer has not received any Notice of Invocation to Revoke(NOIR) for my case from USCIS.

From Last one year I am not having a project and therefore not working for my current US Employer. My US Employer says that I am still their employee who is stuck outside US because of immigration issues but I am NOT an active employee.

From my current US Employer, I have my pay stubs but they are 13 months old.

As My H1B receipt (I-797) is approved till Sep 2012, My question is: Now being outside US, Am I eligible to do H1B transfer to some other Employer?

If I am, How long my new employer will get it after transfer is approved? Can it be upto 3 years?

Thanks in advance

[ll.gupta]

Hi Murthy Forum& Senior members,

Please respond this. thanks