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Hi, Extension for an expired H1B from outside US

Indio, CA |

Hi,

I was on H1b from 2007 till 2009 and then came back to India due to personal issues. I never applied for extension as i assumed i need to go for a new H1 as told by my HR. Now in my current company, they are willing to transfer the H1. My question is by when i could apply for transfer?

Is it 6 years from when the petition was approved or with in 6 years of last known valid H1 status?

Thanks

Bhaskar

Attorney Answers 3


  1. You cannot transgfer anylonger since you are not in H-1B status currently. You can get a new H-1B visa, however, with the same or new employer. Since you had H-1B status in the past 6 years, you won't be subject to cap so you can apply whenever your employer wants.

    Contact: 860-548-2629 or dbucin@uks.com. This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.


  2. You can apply for a new H-1B visa.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. You cannot transfer it since you no longer have the status, but you can apply again (and are not cap subject, so this can be done whenever). Does the company have an immigration lawyer retained? That's probably a good person for you to talk to.

    This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just a casual opinion expressed about a hypothetical situation.

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