H1 Transfer and Recapture time


sat.pics

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I first came to the US on a H1 visa on 13-Apr-2009. My current visa end date/NIV date is 12-Apr-2015.  I have stayed outside the US for more than 365 days in the last 5 years, however this has been intermittent and not been continuous. My current company has not yet started my GC processing.

 

I got a job offer and Im looking at the impact of joining the firm.

 

I have the following questions

1.       As part of h1 visa transfer to the new company, would I be able to recapture my time outside the US. If yes will my NIV date change to Apr-2016 or will it remain 12-Apr-2015?  This is so that if my new firm applies for my GC (in EB2) immediately then they would be able to file my labor before Apr-2015, that way I would be able to file my 7th year visa (based on the 365 day rule).

 

2.       Are there any other impacts, I need to keep in mind before joining the new company given my case of visa expiry?

 

Thanks in advance

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