H1B transfer after Visa got denied.

[sachins2012]

Hi

I have h1b visa since 2009 and I have worked in US for 2 yrs. I came to india for personal work in Oct-11 and the same time I went for visa interview and got RFE and then I got an visa refusal letter from new delhi consulate after 13 months of admin processing.

It also states that "The I-129 Petition for a Non­Irnmigrant Worker filed on your behalf

will be returned to the United States Citizenship and Immigration Services (USCIS)".

In this time period I joined an Indian IT firm. My H1b is valid till 2014.

Here are my questions:

1) As I was out of US for 13 months, so Is it possible that other employer can transfer my H1B using the same quota in which I got h1b in 2009?

2) Am I still come under the cap exempt, if somebody wants to do H1B transfer.

[Attorney_10]

Generally, an individual who has not exhausted his/her 6 years of H1B time and has spent one full year outside the US has two options. First, a new H1B petition could be filed as "cap exempt" and the individual can request the time left from his/her initial 6 years of H1B time ("remaineder option"). Second, a new petition could be filed as "cap subject" and the individual would once again be subjected to the numerical quota and be eligible for a new 6 years of H1B time. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and to determine which option is best for you.

[sachins2012]

Thank you very much for your reply Attorney_10.

So If any employer is ready to transfer my H1B then they need some documents from me to process it. Some of the documents are easy to produce like. degree, passport, resume etc. but there are some more docs which am I not sure about. So could you please tell me that in my case do they still required?

• One or two latest pay stubs ( I don't have recent US pay stubs.)
  
• Copies of I-94 records ( I left US in 2011 so I don't have valid I-94 )
  
• Copy of existing valid visa ( I don't have )