H1 petition is expired. Can I go for H1 transfer while in India ?

[Amarendra]

Company-A applied H1B for me. I got H1, I got stamping, and I traveled US with H1 visa. Worked in US for 4 months and returned to India. Currently my H1B petition has expired. Its validity is from OCT-2009 to DEC-2011.

Right now I am in India. Employer-B is telling that he can do a transfer on my expired H1.

Query: Can it be transferred ? If so please explain briefly how it can be transfered.

Please help.

Thanks in Advance

[pontevecchio]

_{It cannot be transferred in the sense you mean.}

_{1. You have been cap counted in the past.}

_{2. That means you are allowed a total of 6 years in H1 status. This can be over any amount of time}

_{3. H1 status means working in the USA for a H1 employer.}

_{4. The new sponsor can file a H1 petition for you and get it approved and you can then get the visa stamp in your passport and come and join him.}

[Amarendra]

_{It cannot be transferred in the sense you mean.}

_{1. You have been cap counted in the past.}

_{2. That means you are allowed a total of 6 years in H1 status. This can be over any amount of time}

_{3. H1 status means working in the USA for a H1 employer.}

_{4. The new sponsor can file a H1 petition for you and get it approved and you can then get the visa stamp in your passport and come and join him.}

Hi,

I understood Points 1,2 and 3. Thankyou.

But regarding Point # 4, I understand that the new sponsor can file H1 Petition which is Cap Exempt.

Is my understanding correct?

Thanks & Regards

[pontevecchio]

Yes.