H1B transfer while in India

[pdr80]

I have a clarification to seek on the H1B 'transfer' process.

 

My H1B petition, sponsored by Company A, was approved in 2009 and subsequent to that I travelled and worked in the US, for Company A, for 15 months starting April 2011. I returned to India in July 2012 a few days before the expiry of the visa. I did not apply for an extension.

 

Now, can Company B apply to get this petition 'transferred'? If yes, will I be in the cap-exempt category as I was already considered against the annual cap during the last 6 years? Secondly, will I then be able to 'recapture' my remaining time of 57 months on the petition?

 

I have relevant documents such as pay stubs and W2 for the period that I spent in the US.

 

Would appreciate a quick response! Thanks in advance.

 

 

[jairichi]

 

I have a clarification to seek on the H1B 'transfer' process.

 

My H1B petition, sponsored by Company A, was approved in 2009 and subsequent to that I travelled and worked in the US, for Company A, for 15 months starting April 2011. I returned to India in July 2012 a few days before the expiry of the visa. I did not apply for an extension.

 

Now, can Company B apply to get this petition 'transferred'? If yes, will I be in the cap-exempt category as I was already considered against the annual cap during the last 6 years? Secondly, will I then be able to 'recapture' my remaining time of 57 months on the petition?

 

I have relevant documents such as pay stubs and W2 for the period that I spent in the US.

 

Would appreciate a quick response! Thanks in advance.

 

Yes, you are cap exempt and an employer can file a H1B petition anytime. You are eligible for the remaining 57 months.

[t75]

"Transfer" on the forums refers to a petition for someone in status in the US.

 

B can file a new petition not under cap and you will be eligible for the "remainder" of the 6 year period.

 

You "recapture" vacation time while you are in H1B status.