AM I Eligible for H1 - Transfer

[mahesh1g]

Hello,

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 reply, Please advise.

Thanks,

Mahesh

[wiweq]

You are eligible for total 6 years of H1b stay.

[H1Wizard]

If you got your H1 rejected, that means you dont hold the visa now and would need a new petition. Best would be to consult with an attorney.

[mahesh1g]

Thanks. Though I dont hold visa at this time I still have my pitetion valid till Nov 2013. Any experts please advise here?

[pontevecchio]

A transfer is also a NEW H1 petition though not cap subject. If the sponsor applies now you will get a total of 3 years though you can get the visa stamp on approval and come over. If the employer applies in April for a start date after Octobrer,1 you can get a new total of 6 years. Maybe the company should be telling you these things?

[Muhilan]

You are 100% eligible for applying H1 transfer any time. .