H1-B Transfer possibility against a expired (possibly cancelled) petition

[anandraju_99]

Hi,

 

I had a H1B issued in 2008 (Expiry date of 11-Aug-2011); got VISA stamped using this petition.

I was in USA using this petition between Nov-2008 and Apr-2009 (about 5 months);  I had returned to India after that and had never used that petition.  It expired in 11-Aug-2011 and perhaps it was also cancelled by the employer sometime during 2009 itself.

 

Given the above background,

(i) Is H1B transfer (cap-exempt category) by a different employer possible now (in 2013) ?

(ii) if so, would I be eligible for the entire duration of the H1B period (barring the 5 months period) that I was in USA.  

(iii) any related important detail to be considered

 

Thanks in advance for your responses.

[jairichi]

Hi,

 

I had a H1B issued in 2008 (Expiry date of 11-Aug-2011); got VISA stamped using this petition.

I was in USA using this petition between Nov-2008 and Apr-2009 (about 5 months);  I had returned to India after that and had never used that petition.  It expired in 11-Aug-2011 and perhaps it was also cancelled by the employer sometime during 2009 itself.

 

Given the above background,

(i) Is H1B transfer (cap-exempt category) by a different employer possible now (in 2013) ?

(ii) if so, would I be eligible for the entire duration of the H1B period (barring the 5 months period) that I was in USA.  

(iii) any related important detail to be considered

 

Thanks in advance for your responses.

1. Yes

2. Yes

3. No.