H1B: Transfer of H1B to the new employer in India

[Anshul]

Hi All,

 

I am stuck with a critical situation at hand and one of my colleagues has referred me to this forum for resolution.

I would try and describe my situation in the best possible way below:

 

Year 2011:

My erstwhile employer in India (a big IT giant) filed an H1B for me.

 

Oct-2011: 

An H1B visa was issued to me with a validity of ~ 3 years.

Issue Date: 31-Oct-11

Expiration Date: 31-Mar-14

 

Nov 2011:

I traveled to the US on a work assignment for a duration of ~9 months.

Date of Arrival in the US: 18-Nov-2011

Date of Departure from US: 19-Jul-2012

Post Jul-2012, no further travel to US till date.

 

June 2013:

I left my previous employer and joined another organization (another big IT giant in India).

 

Now,

 

1. Can my new employer get my H1B Visa transferred? How exactly the 'H1B Transfer' works?

2. If not, can my current employer file a fresh H1B Visa for me outside the quota?

3. Otherwise, is it not at all possible for my current employer to utilize my valid Visa in anyway?

 

Please advise.

 

Thanks and regards,

Anshul

 

 

[pontevecchio]

1. Your new employer can file a non cap H1 petition for you and on approval you can use the existing H1 visa stamp and the latest H1 approval to come over to start work. Visa is not a pETITION. a VISA STAMP LETS YOU ENTER A COUNTRY AND THE PETITION GIVES YOU STATUS.

 

2. It is always a new H1 petition but not subject to cap. Do not use the word visa when you mean petition.

 

3. Your new employer can file a non cap H1 petition for you and also read 1.

[Anshul]

Thanks a lot for your response.

I have another set of queries in this scenario:

 

1. What is the latest date until my employer can file a 'non cap H1 petition' for me?

2. Is the validity of my petition different from that of my VISA stamp that I see on my passport?

 

Thanks and regards,

Anshul Jain