Query regarding filing/renewal of H1B while in India

[Anshul]

I am working with an employer ‘B’ (Date of Joining: 12th Jun 2013) in India and I am holding a H1B visa (Expired Dated: 31st Mar 2014) that was sponsored by my previous employer ‘A’ (in India only).

Here are a few additional details that might be useful to clarify my VISA stature:
 

 

 

 

1

Sponsor/Employer

Employer A

2

Visa Issue Date

31-Oct-2011

3

Visa Expiration Date

31-Mar-2014

4

Count of Travels (on the Visa)

1

 a

Location of Travel

Phoenix (AZ)

 b

ZIP Code

85027

 c

Port of Entry/Arrival

Phoenix (AZ)

 d

Date of Arrival

18-Nov-2011

 e

Port of Departure

Phoenix (AZ)

 f

Date of Departure

19-Jul-2012

 g

Duration of Stay (in Days)

244

 

Now I want to understand:

1. Can my existing H1B visa be retained or transferred to employer ‘B’?
2. If not, can a fresh visa application be filed for fy 2015, outside of the annual visa capping?
3. If a fresh visa application be filed, should that had been filed before my existing H1B visa expired (that was before 31st March 2014)? Otherwise, what is the latest by when a fresh application can be filed by employer ‘B’ with cap exempted?
4. Is there any limitation or mandate from employer ‘B’ side that restricts a fresh visa application to be filed in my case? (Given that it has been less than a year since my joining with employer ‘B’).

[jairichi]

1. Visa is not tied to any employer. Employer B has to file a cap exempt H1B petition and get approval.

2. Refer 1.

3. Anytime.

4. No.