H1B Transfer or New H1B

[poonamzone1]

Hi All,

Below is the brief description of one of my friends. It would be really helpful, if someone could answer his question below.

• Entered INTO US on F1 Visa in July 2004.
  
• Worked on OPT from May 2006 to November 2006
  
• New H1B Visa Applied in June 2006 with December Start Date - Company A
  
  • Approved with Dates : December 1, 2006 to November 30, 2009
    

  [*]H1B Transfer Applied in March 2007 - Company B

  • Approved with Dates : March 21,2007 to March 19, 2010
    

  [*]H1B Extension Applied in January 2010 - Company B

  • Approved with Dates : March 20, 2010 to November 30, 2012
    

  [*]Returned to India in February 2011, Attended H1B Stamping in March 2011

  • Denied after submitting documents for 221(g) RFE - Reason -" Your petitioner does not appear to be either able or willing to provide qualifying employment in US in accordance with appropriate laws and regulations"
    

Question : Can a H1B petition be filed as H1B Transfer by another employer now ( in 2013) as I did not utilize H1B time during Feb 1, 2011 to Nov 20, 2012 and I am under 6 year window from H1B extension in 2010 ? or Since I am outside of US for 2 years, do I fall under new H1B quota.

Thanks,

</p>

[t75]

"Transfer" is a term typically used for people in US who can begin work on receipt. All petitions are "new"; if you are outside the US, you cannot begin working even with time on H1B remaining without approval notice in hand.

Since you have been outside the US since Feb 2011, if you are willing to wait until Oct 2013 to begin work and go through the quota, you will get 6 more years of H1B rather than the remainder of the original 6 years.

Find a "real" employer. Be sure to check references on employer as closely as they might check yours.

[poonamzone1]

Thank you so much for your reply. It's really very helpful.

Just quick questions, since you mentioned "All petitions are "new"; if you are outside the US, you cannot begin working even with time on H1B remaining without approval notice in hand."

Does that mean, he can even transfer his H1 to another company but, needs to wait until he gets the approval, If he doesn't want to wail until Oct 2013? Just trying to understand the different options he has.

Thank you once again.

[pontevecchio]

YES.