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Extension and transfer of US H1b expired visa from outside US

Indio, CA |

I have a US H1B visa issued by employer A on Oct 2007 and I had worked in US for 2 and half years. My last extension expired on Sep 2011 and I had already left US on Jan 2011.
Can employer B use this visa, transfer and file an extension? I read from few blogs that I can be done within 6 yrs. Is the 6 yrs from the date of issue or stay in US? Do I still fall under 2014 cap? Also do I need the old petition to file new one?

Your expert advice is highly appreciated. Thanks

Attorney Answers 4


  1. Best answer

    Yes.

    6 years from date of issue.

    You are not subject to the numerical cap for any petition filed prior to September 30, 2013.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Yes, you are CAP except for employment that starts anytime before October

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. I agree with my colleague

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  4. Your employer can seek time left on H-1B in your behalf. you are not subject to the cap.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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