H1 Extension cum transfer from India

[rohan.albany]

Hello attorney,

I am software professional living in India who has got Masters from US and been worked there for 5 years.

- After my graduation from US university, I got my first H1 approval under MS quota in Jan2004.

- Started working for clients in US and traveled back n forth to India for vacation

- Finally moved back to India in Sept2007 and joined MNC here in India

- MNC again sponsored my H1 transfer cum extension for my expired visa. Got new H1 visa in my passport and traveled back to US with spouse for onsite assignment

- came back to India after 16 months duration

- Left the MNC last 2 years back and working as free lancer

- been out of US since 2 years

- now wanted to go back to US to work again

 

Now my question is regarding H1 transfer cum extension for the unused duration of my expired masters quota H1 duration. Attorney, please provide your valuable advice if I can get that unused H1 duration through filing H1 transfer cum extension as I am in India. or the H1 which i am thinking for transfer is expired completely and I need to go for new H1 altogether.

 

Here is the gist of my calculation of my H1 tenure.

Please provide your feedback.

 

·         H1-B status from 01/05/2004 to 09/16/2007--- 2190--- days          

·         Total time spent in US in H1-B status during that period--- 1350--- days--- (calculation based on arrival/departure entries stamps in passport pages)        

·         Total number of days available--- 840--- days          

·         Total number of days requested by MNC in India--- 644--- days--- (Got approval and H1 stamping in India for 823 days)        

·         Total numbers of days approved--- 823--- days--- Extension duration approved 07/10/2009 to 10/11/2011        

·         Total numbers of days present using MNC H1--- 417--- days--- 07/26/2009 to 09/16/2010 - been onsite        

·         Final total number of days available unused out of 6years period--- 406--- days--- 1year 1month approx.        

·         7th year extension period available--- 365--- days          

·         Total H1 period available including 7th year---- 771--- days--- 2years 1month approx.

 

​Appreciate your help attorneys.

[rohan.albany]

Attorneys please respond to my request. thanks 

[rohan.albany]

Anyone pls share your thoughts about options I have, JoeF pls provide ur feeback.

[downbutstanding]

Hi,

 

You can apply under cap-exempt for remainder time of 2 years.

 

Or 

 

File for a new H1 under cap for next fiscal 2015 (starting 1st april 2014).

 

 

With option two you will have flexibility of another 3 year extension (total of 6 six years)

 

 

Not Legal Advice

 

Thanks.