H1 transfer from India(, with Visa expired, 3 months out of 6 years available plus I 140 approved for possible extension)

[WhiteLotus]

Hi,

I am currently in India , not working. Had come down in mid march 2011 due to illness. My 6 year visa period was to get over along with the visa stamp on passport on  6 April 2011 , but had my prior India vacation to my credit to file for extension, so bottomline I have say 3 months of 6 year H1 period to my credit if I file for extension.

Also my I 140 was approved in Sept 2011.

That could allow me additional 1 year  to 3 year of extension.

 

Now I am recovered form illness and hoping to get back to usa. But with visa expired , I would need to file an extension but this is possible only after I land up with assignment at client (  to work C2C)

 

I want to assess my possibilities for H1 transfer.

 

If a company B selects me to hire and ready to file H1 B, 

1. Would it be possible to transfer from india

2. Since the time period left of my H1 of 6 years was less,           would it be issue, 

3.    Will they be able to file H1 for me with extension in which       case ,I would need to give them I 140 documents from           my current employer, right?  what all would B need?

 

(My current employer is very flexible and kind to support me and doesnt mind me transfering visa and still support my gc process. )

 

4. For H1 transfer will last two pay stubs required? I have paystubs till Dec 2010. After which I was ill and on LWP n then flew down to India in March 2011.

Since I was out of USA after then and filing a transfer from India now ,Will those be paystubs be required at all? and will those suffice ?

 

5. Because current stamp is expired will it be new H1 filing and if so would it be cap exempt?

 

Would greatly appreciate if anybody knows of similar situation and shares thoughts.

 

Thanks

WL

 

 

[omshiv]

Company B can do a H1 transfer with you being in India. You are cap exempt...which means you do not fall under the Quota and your new employer can file for your H1 immediately and you can get it stamped and fly back to US ASAP. Your Immigration Attorney would list out the documents needed for H1 transfer + I-140 documents for the remaining H1 period to be captured and the additional 3 yr H1 extension.

 

I believe your last paystubs should be fine for the transfer.

 

Glad that your ex employer is helping you out. Nice people.

[WhiteLotus]

Company B can do a H1 transfer with you being in India. You are cap exempt...which means you do not fall under the Quota and your new employer can file for your H1 immediately and you can get it stamped and fly back to US ASAP. Your Immigration Attorney would list out the documents needed for H1 transfer + I-140 documents for the remaining H1 period to be captured and the additional 3 yr H1 extension.

 

I believe your last paystubs should be fine for the transfer.

 

Glad that your ex employer is helping you out. Nice people.

Thanks! Hope things work out. I would actually prefer working through my current employer, but issue the company is into embedded systems while I am not. This adds to the overall difficulty of reentry. So I have to do my own marketing as previous and securing assignment which is a bit difficult though not impossible from India. To ensure smooth things at stamping/port of entry, it  is better to go with clean and clear case.And hence was encouraged by employer to consider other option. If C2C option works out it would be good as well.

[omshiv]

Thanks! Hope things work out. I would actually prefer working through my current employer, but issue the company is into embedded systems while I am not. This adds to the overall difficulty of reentry. So I have to do my own marketing as previous and securing assignment which is a bit difficult though not impossible from India. To ensure smooth things at stamping/port of entry, it  is better to go with clean and clear case.And hence was encouraged by employer to consider other option. If C2C option works out it would be good as well.

 

I Wish you good luck.