I have 3+ years of my H1B visa unused and I am interested to go for H1 transfer under CAP EXEMPT case.
Arrived in USA - May 2006
Left USA - March 2009
I-94 valid till - Nov 2009
From March 2009 to Till Date - Outside USA
I had my petition valid until 11/01/2009 but I had to leave US in March-2009 due to family issues. Now, I am interested to come back to US and work for the remaining period of my H1B visa i.e. around 3 yrs 2 months.
Question: Am I eligible to use my unused period in case an employer is ready to do H1 transfer? Or do I mandatorily have to file for new H1B under CAP SUBJECT for FY 2013-14 to enter US?
Thanks in advance!!!