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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

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Attorney answers 4

Posted

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.

Asker

Posted

Thanks for the quick response. From your response I take confidence that Employer B can use this Visa to file a extension before Sep 2013 when the 6 year period ends. Do correct me if I misunderstood. Could you also comment if I need old orignal petition copy filed by Employer A? I just have the duplicate copy of I797. Thanks again.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Yes, you correctly understood,. No, you will not need a copy of employer A's petition. Just the I-797 will suffice. I hope my answers were helpful. Please don't forget to designate a "Helpful" and "Best Answer" to this question.

Asker

Posted

Thanks so much for your response Sir. Sorry to bug you with one last question - I just have a scanned copy of my I797 (extended petition in 2011) and original copy of the I797 that I initially filed in 2007. Will this suffice? This was a great piece of expert advice, I will surely mark this as best answer. Thank you Sir.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Yes, that will suffice indeed. Best wishes, Giacomo

Asker

Posted

Hello Sri, Another query if you don't mind helping. As stated in my question am in the process of filing my extension by next month in premium processing so that I get a response before September when my 6 yrs from date of issue reaches. If I get it extended and successfully stamped, is it mandatory that I travel to US before September this year or can I travel anytime within the extended period of H1 validity ? Please help. Thanks sir Arun

Posted

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.

Posted

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

Posted

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.

Asker

Posted

Thanks for the response. This will be done by another employer B. Should this be done before Oct 2013 when my 6 yrs from date of visa issue expires? Also I do not posses the original I797 of extended period, I just have the scanned copy of it. Could you please comment if this suffice? Thanks for your timely help.

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

Yes

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