mga78 Posted April 25, 2012 Report Share Posted April 25, 2012 Hello, I was on L1B with Company A and served the full 5 years L1B tenure. I returned back to India in July(end) 2011. The Company A applied for H1B petition for 2012 Cap. The H1B petition was approved for 3 years(valid until Sep-2014) starting Oct 2011. In Feb 2011, I got the visa stamped with the expiry of the visa matching the H1B petition valid i.e. Sep-2014. My questions considering that I have not completed one year away from the US yet are: when I travel with this visa should I expect to get I-94 valid until Sep-2014(matching the approved visa period), or will I have to wait until August 2012 before I can enter into the US to available the full H1B approved visa tenure? Can i get my H1B-Transfer from Company A to Company B while I am in India? Assuming I successfully get the H1-transferred from company A to company B, do I need to go for a fresh stamping or can I use the visa stamp which is valid until Sep-2014 for Company A along with the new I-797 document from Company B to enter into the US? Please advice. Thanks Link to comment
JoeF Posted April 26, 2012 Report Share Posted April 26, 2012 The H1 approval for 3 years was in error. To get the full 6 years, you would have to be outside the US for one year, and a new H1 petition under the quota would have to be filed after that one year abroad. Link to comment
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