1st H1B Expired in 2011, can it be transferred now?


varma_s14

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Hi All,

 I have been on H1B from 2008 to 2011, however i left USA in 2010, came back to India and have been working here since 2010, now my employer is willing to file an H1B for me, so

 

1) Can i get my last H1B transferred?

2) If not possible, can i file an H1B with Masters Cap ( I hold a masters degree from US, my first H1B was filed under the Masters Cap)

 

Thanks in advance...

 

R

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Hi All,

 I have been on H1B from 2008 to 2011, however i left USA in 2010, came back to India and have been working here since 2010, now my employer is willing to file an H1B for me, so

 

1) Can i get my last H1B transferred?

2) If not possible, can i file an H1B with Masters Cap ( I hold a masters degree from US, my first H1B was filed under the Masters Cap)

 

Thanks in advance...

 

R

1. Yes. Employer files a cap exempt H1B petition anytime and you would get 6 years - years spent on H1B.

2. Employer files a cap subject petition in April 2014 and you would get full 6 years of H1B.

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Thanks Jairichi,

 Will the transfer work, even if my H1B has been revoked...(I am not sure, if it has been revoked or not)?

 

Thanks,

R

By law an employer has to revoke your H1B petition once you stop working for that employer. And, it will not affect the outcome of subsequently filed cap exempt H1B petitions. 

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