H1B visa transfer while in India

[sarojothi]

Hi,

Let me explain my situation here. I was working in USA from Apr 2007 to Dec 2011 and I have visa approval (Don’t have stamping at my passport) till April 2013. Due to my personal reason, I am not able to work in India yet. Now I want to come back to USA. Now, one company is willing to do H1B for me.

1. Since I am away from USA for 1 year, what will happen to my visa either it able to transfer my visa or do to new H1B?

2. In case if company does new visa from me, what will happen to my 16 months where I was away from USA?

3. Will they able to transfer my Visa? If so what are the documents they need for visa stamping (Don’t have latest paystub, since I am not working in India)?

Please let me know.

Thank you,

Saravan

[Attorney_11]

An individual who has previously held H-1B and has left the US for one year or more can seek readmission to H-1B based on the remainder time of the previous H-1B period, or re-start a new 6 years of H-1B time by being the beneficiary of a new H-1B petition filed pursuant to the applicable current fiscal year H-1B quota. Consulting a qualified immigration attorney may be advisable to determine which option is the best for one's individual situation.