H1b extension denied. 2 years still left for completion of 6 yrs.

[rajivloach25]

My h1b extension was denied. I still have like  2+ years left for completion of 6 years.

 

My h1b/I94 was till Dec 2015 and i had file extension before the expiry. I received RFE and it was replied but got the denial. Once the denial was received , i left US within 30 days as after denial unlawful stay had started.

 

Now I am back in India, I need to know few things:

 

1. Can i apply for transfer of h1b from India to some other employer to use remaining 2+ years?

 

2. Or do i have apply for new h1b in coming Apr 2015 ?

 

 

[jairichi]

1. Yes.

2. To get the remaining 2 years a cap exempt H1B can be filed anytime.

[permaudit]

Yes you can apply a cap-exempt petition with the new employer.

[livliv]

Yes, you are eligible for cap-exempt petition, unless the denial was because of some fraud/misrepresnetation on your part.

[rajivloach25]

Thank you for the replies.

[ANANDSINDHU]

Since your H1B/I94 is valid till Dec 2015, you could have applied for the Extension again while you are in the United States rt? The unlawful stay will start after you cross the I-94 validity. So you could have applied for another fresh Extension here in the US. Please let know if you have consulted an attorney here.