Fate of my H1B


sreshty

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Greetings to all learned immigration attorneys and experts!

 

I wish to know the status of my H1B and thus request your response. To save your valuable time I have narrated my scenario so that you can answer in simple YES or NO.

 

Below are my case facts:

1) I have been working with Company A for past 10 years in India and they filed H1B petition 6 years ago which is valid till March 2016.

 

2) I did work for Company A's client in USA for a total of 2 years term in multiple entries.

 

3) Company A might not file for an extension right now.

 

4) Have an offer from Company B in India who is willing to take me on board and file for a H1B after serving 6 months with them.

 

 

Queries/ Questions:

1) What are my odds to retain the current H1B petition in case Company A does not file for extension before it expires? 

 

2) Correct me if I am wrong after March 2016, my case of H1B will be considered to be a new filing under lottery system again (i.e. under Common Pool).

 

3) If the above is not true, can Company A or B leverage or claim my H1B slot/ spot that I have been already allotted previously? 

 

4) Is the above scenario known as CAP Exempt?

 

5) In case of CAP exempt case, can Company A or B file for an extension or transfer anytime and/or any month post April 2016 by referring to the then expired H1B petition?

 

6) If yes for the above, can I use the remaining left over 4 years term from the total 6 years period?

 

7) Especially Company B mentioned that they will initiate a H1B transfer after I serve them for 6 months which would be in the month of Sept 2016. I am not sure if a transfer is possible on an expired H1B petition? 

 

8) If above is not possible, then they would have to file a new petition again in the month of April 2017, correct?

 

Any other helpful information related to my case is highly appreciated!

 

Thank you for your patience.

Sreshty

 

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1) you can utilize remaining portion of H1b with new employer. New employer has to file for H1b under cap-exempt.

2) no need for lottery, you will be cap exempt as you have not used full 6 year of H1b in USA.

3) yes,

4)  yes

5) yes, anytime

6) yes

7) it is possible,

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Thank you Rohang and usimmi14.

 

I have one last question, is there any limitation in time period that my employer have to file the H1B after its validity/ expiration else it is open for undefined period?

 

In other words, my H1B is expiring in April 2016 and I heard that my employer can apply for a new H1B petition anytime post April 2016 and before 1 year time limit that is before April 2017. Else it is open for the remaining 4 years term or open for undefined period?

 

JOEF and PONTEVECCHIO appreciate your opinion in my case.

 

Thanks once again!

 

Sreshty

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  • 4 weeks later...

Thank you Rohang and usimmi14.

 

I have one last question, is there any limitation in time period that my employer have to file the H1B after its validity/ expiration else it is open for undefined period?

 

In other words, my H1B is expiring in April 2016 and I heard that my employer can apply for a new H1B petition anytime post April 2016 and before 1 year time limit that is before April 2017. Else it is open for the remaining 4 years term or open for undefined period?

 

You heard wrong. Don't listen to rumors...

The current rule is that you have been in H1 status in the last 6 years to get the remainder. But that doesn't seem to be a hard rule. Murthy attorneys have posted here that even if the time on H1 was farther back, they have been able to get a new H1 for the remainder time.

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