H1B Transfer

[Kris01]

Hi,

I was working in US on H1B for 4.5 years and returned to India in  November 2000. I have not used my H1B visa for full six years. I am currently in India. Can I apply for H1B transfer under the cap exempt limit? Thanks in advance.

 

Kris

[SriRamSS]

Based INA Section 214(g)(7) and recent decisions from USCIS, YES. So what is different between Example 2 and Example 3? The timing of the first H-1B.  INA sec 214(g)(7)) states:

"Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection ©, toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once."

 

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This simply means that you can apply for H-1B transfer under the cap exempt limit, but it is sure to get denied!!