H1 ReCapture and Transfer


pnagasub

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I might be in a scenario similar to yours.

Please share any input that you can.. Appreciate your time/

 

 

H1b Petition filed by employer 1 in 2004. Approved and traveled to USA in July2005 and returned India in October 2005.Quit Employer #1.
Joined employer #2 and filed a NEW H1B petition#2 and got it approved in 2007. Quit Employer #2 and joined Employer # 3 , transferred H1b . Completed 6 years and returned to India in December 2013.
Can I use my first petition approved in 2004 and transfer it to Employer #3 to enter USA after 365 days (i.e december 2014)

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I might be in a scenario similar to yours.

Please share any input that you can.. Appreciate your time/

 

 

H1b Petition filed by employer 1 in 2004. Approved and traveled to USA in July2005 and returned India in October 2005.Quit Employer #1.

Joined employer #2 and filed a NEW H1B petition#2 and got it approved in 2007. Quit Employer #2 and joined Employer # 3 , transferred H1b . Completed 6 years and returned to India in December 2013.

Can I use my first petition approved in 2004 and transfer it to Employer #3 to enter USA after 365 days (i.e december 2014)

No, your employer 3 has to file a cap subject H1B petition in Dec 2014 (most likely April 2015)

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