Transferring H1-B vs. Filing New Petition


pdhabalia

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I will give a little background about my situation before I ask my questions:

 

I started working on an H1-B visa in October 2008. My company flied for an extension after three years and my second term of H1-B started in September 2011. My H1-B is valid until September 2014. I lost my job in January 2013 and my H1-B was revoked on February 6, 2013, when I had close to 20 months left on my second H1-B. I could not find another job in the US and had to come back to India where I am currently working.

  1. Will my current H1-B lapse on February 6, 2014 (a year after it was revoked)?
  2. If yes, does it make any difference to a company if they apply for a transfer of visa within one year of it getting revoked vs. applying for a new visa after it gets lapsed? Basically, are the procedure and costs the same in either case?
  3. If an employer applies for a new H1-B after my current visa gets lapsed, will I fall under the H1-B Cap?

I will be happy to provide any additional information if required. Thank you for your help in advance.

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I will give a little background about my situation before I ask my questions:

 

I started working on an H1-B visa in October 2008. My company flied for an extension after three years and my second term of H1-B started in September 2011. My H1-B is valid until September 2014. I lost my job in January 2013 and my H1-B was revoked on February 6, 2013, when I had close to 20 months left on my second H1-B. I could not find another job in the US and had to come back to India where I am currently working.

  1. Will my current H1-B lapse on February 6, 2014 (a year after it was revoked)?
  2. If yes, does it make any difference to a company if they apply for a transfer of visa within one year of it getting revoked vs. applying for a new visa after it gets lapsed? Basically, are the procedure and costs the same in either case?
  3. If an employer applies for a new H1-B after my current visa gets lapsed, will I fall under the H1-B Cap?

I will be happy to provide any additional information if required. Thank you for your help in advance.

1. A new employer can file a cap exempt H1B petition and on approval you would get remaining 20 months.

2. Costs and procedures are the same. Only difference is you would get 20 months if it is a cap exempt H1B petition and full 6 years if it is filed as cap subject H1B petition.

3. You have both options. Refer 2.

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1. No such concept. You have been cap counted once.

2. NA

3. Not necessarily. You can have a sponsor file a H1 petition in April and get a fresh 6 years in total for an October start. You can retain the remainder option of your previous 20 months available and NOT subject to cap and you start on H1 approval and then coming over with the H1 visa.

 

 When you change employers IT IS ALWAYS a new petition. Even an extension is a NEW petition   but non cap.

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