H1B Transfer & Extension - CAP Exempt category

[chakse]

Experts - Need your view.

 

I129 i.e. I797A validity was 12/10/2010 till 03/13/2013. This was done via Infosys. Now I am with IBM and currently in India. I understand that H1B can be transferred from Infosys to India. I have stayed in US via Infosys for period of 1.5 yrs. My questions are:

 

1) When I do transfer, then H1B that will be given to me, will it be for 4.5 yrs since 1.5 yrs already spent on the H1B.

 

2) By when I should go for H1 transfer & stamping/ extension? Is it that I have time only till March 2016 since current validity was till 13-Mar-2013?

 

3) Is it that after March 2016, I will not be able to do h1 transfer or is it the case that anytime in my life I can go for transfer of this H1b and I will be given extension for 4.5 yrs which is left in this H1B?

 

4) I have assumed that when I go for transfer, I will be given 4.5 yrs extension again. Is it true or I will be given again for another 3 yrs just the way I was given initially i.e. 2010 to 2013. so say if i go for stamping on month of Nov 2014, then i will be given valid H1 till Nov 2017? Am I correct in saying this.

 

Pls let me know this information which will help me to decide my travel plans.

 

Regards,

Amitava

[jairichi]

1. You are eligible for 6 years - 1.5 years of time spent on H1B status in US.

2. Anytime.

3. Anytime.

4. You will get initially for 3 years (depends on requirement mentioned in I129 and USCIS) and later the remaining years.

[t75]

The VO can give stamping for whatever duration he/she feels is appropriate. It may or may not be 3 years.

[anilbeereddy]

1) H1b total period is 6 years as you sent 1.5 year you would be left with 4.5 year of your extension and if there is any period that you were out of US then that can be recalled in the final extension.

2) Anytime

3) Anytime but the extension would be for a max of 3 year and then you need to file for another extension for the remaining period.

4) Extension would be for a max of 3 year and then you need to file for another extension for the remaining period.