H1B Transfer - H1B Petiotion still Valid - Stamped Visa in Passport got expired....

[nathji]

Hi

 

I worked for a big software company A in USA on full time base on their H1B from Dec 2011 to Dec 2012 and in Dec 2012, Company A laid off our entire team.

I waited for a new job until May 2013, could not get any job and returned to India in May 2013 as I would not like to face visa issue in future as I have been considered as out of status.
Now, I have valid H1B petition of Company A is  valid thru Nov 2014 though the stamped visa expired on Sept 2013.

My question is : 1) Can I transfer my existing valid H1b petition to a new employer though I was in India ?

2) Does my overstay of 4 months in USA after my layoff cause any issue for my further H1B transfer/extension/visa stamping ?

Please advise and share your experience.

[jairichi]

Hi

 

I worked for a big software company A in USA on full time base on their H1B from Dec 2011 to Dec 2012 and in Dec 2012, Company A laid off our entire team.

I waited for a new job until May 2013, could not get any job and returned to India in May 2013 as I would not like to face visa issue in future as I have been considered as out of status.

Now, I have valid H1B petition of Company A is  valid thru Nov 2014 though the stamped visa expired on Sept 2013.

My question is : 1) Can I transfer my existing valid H1b petition to a new employer though I was in India ?

2) Does my overstay of 4 months in USA after my layoff cause any issue for my further H1B transfer/extension/visa stamping ?

Please advise and share your experience.

1. Yes.

2. Possible.