Can I apply H1B transfer???

[rcd47]

My petition has been sent back to USCIS recommending to revoke due to employee-employer relationship.

Since then I am stuck in India, and its been more than a year I am out of country.

As I have approved i-140, I have completed 5 yrs of H1B in US.

Now, can I apply for H1B transfer using i-140 and get 3 years extension with new employer?

[Attorney_10]

Generally, a new employer can sponsor an individual for an H1B petition if s/he has an approved I-140 petition and has otherwise exhausted the original 6 years of H1B time. If the individual is abroad, the petition must be filed for Consular Notification. Once the petition is approved the individual may apply for an H1B visa at a US Consulate based on the approved petition.

[rcd47]

Thank you, Attorney_10. Could you also please answer my below query?

I do not have any details of my i-140 petition.

Opted consular processing while filing 140 and got approved.

My file has been forwarded to NVC by USCIS as I opted consular processing (instead of adjustment of status).

I received a letter from NVC (having NVC case #, my full name, priority date, EB category etc,.) saying that they have my file and waiting for the availability of visa numbers (in other words my priority date should be current.)

Can I use this letter to file H1B petition with new employer (without having any information on 140)?

[mahesh1g]

Hello,

Mine is also similar to this case:

I have been in US for 3 years from 2008 to 2011. I got my H1 extension in 2010 till Nov 2013. I came to India for visa stamping in May 2011. My visa got rejected in August 2011.

Now I am working in Hyderabad, I got new employer who is willing to do H1 transfer. Am I eligible for applying H1 transfer or do I need to apply for new H1 in April 2013?

Waiting for repply, Please advise.

Thanks,

Mahesh

[rcd47]

Mahesh,

As you have only completed 3 years of your total 6 yreas of H1B, YES, you can apply for transfer using history of previous petitions (without being counted under new cap, in other words don't have to wait till April 2013).

-A

[mahesh1g]

Thank you for your reply.

Thanks,

Mahesh

[mahesh1g]

Thanks..