H1B 7th year - Transfer approved, but out of the USA

[vicrf]

Hello all,

I have what I think it's a complicated situation, and if someone can shed some light on it, I will be very thankful.

I was in the USA with H1b for 6 years, when my employer filed for the Perm process. Unfortunately, my process was one more chosen to be audited, which made it delayed one more year than the usual processing time.

Before it was approved, but because it had been filed in a timely manner, it was possible to extend my H1B 1 more year, which means that I entered my 7th year.

However, I ended up losing my job BEFORE MY i-140 had the chance to be approved. This happened in January 2011. I tried very hard to find a new job, went to a lot of interviews but every time a potential employer got to know my situation, they gave up hiring me.

My i-94 would expire only in October 2011. I was not sure what to do because nobody could clarify to me when the 180 days really started: when we lose our jobs or when our i-94 expires. Each attorney said something different, and I got different answers on Internet as well.

Then in August a company finally decided to hire me, and I even moved to another state to that. They filed my "H1b transfer" using Premium Process, and even I didn't have paystubs anymore since January, the process was approved because the company's attorney stated in the process that I was not in the USA when in fact I still was.

Then, another problem. The company that filed my visa transfer actually never allocated me in any project, and they said they could only have me if they could fit me in a project. They didn't even mailed me the H1b approval, only a scanned copy via email. By that time, I was totally broke, they never paid me a cent, and then I simply gave up, and left the USA back to my home country hoping the company would send me actual H1b approval so I could go to the consulate, or even they would find a project for me.

I've been out of the USA up to now (April), no job in the USA and only odd jobs here.

Some companies however have been interviewing me, by phone, and I truly want to go back to the USA, I'm at a loss, not knowing what my chances really are.

1) The H1b transfer was approved until September 2012. Can a company in USA file another "transfer" now for me? If so, what would happen in September? Would I be able to start a new H1b (6 years) or would I have to leave the USA again?

2) In case there's no way to file another transfer now, how long would I have to wait to be able to start a new H1b and go back?

I forgot to mention that my i-140 got approved 5 months after I had lost my job with the company that had filed it for me. I summary: I got a transfer without pay stubs to a new company, but no payments, no projects, no more i140.

Please I need some advice as I lost everything I had for 7 years in the USA, and I'm getting more and more frustrated and depressed in my own country, as life here is really too hard.

Thank you all

[kalyan_ac]

Even though your I94 expires in Oct 2011, because you were not receiving your pay you will be out of status from the time you lost your job. Actually there is no such thing as 180 days, you will have to leave immediately.

When did you leave USA?

Another company can file for a new h1 for you, there is no such thing called as transfer.

If you are cap-exempt or cap-subject depends on when you left USA and when was your h1b approved the first time.

Based on the dates, somebody can suggest if you will get a new 6yr period or not.

Since the quota is now open, you can file for a new one if you have a job on hand and come back.

Your I140 is no longer valid as you do not have that same job anymore.

Its just that you need to find a job,file for h1,get stamped and come back.