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sbadri2001

Transfer H1B ( new Cap-Exempt ) in India after Extension Expiry

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Here is my scenario. Please go through it and provide answer for my questions.

- I applied for a H1B visa ( from India ) during Oct 2011 and started working from status around the same time.

- I worked in US for only 2 years - i.e., from Oct 31,2011 to Dec 25th 2013

- I had applied for an extension before by exit and was on an H1B extension ( valid 1 year ) from Oct 8, 2013 to Oct 7, 2014

- I moved back to India and continued to work here and my Extension expired Oct 7th, 2014.

- I am working in India, after my return, for about a year and 3 months now.

My Questions -

  1. I plan to switch employer in India. Can I find a US based employer in India, who can transfer my Visa, although expired, to be processed cap-exempt, so that I get remaining term on my Visa before max out ?
  2. If so, what would be the approximate term I may get ? Is it the whole 4 years ( as I stayed 2 years in US ) ?
  3. Will there be a problem of rejection during stamping in US embassy, before travelling ?

FYI -

- I am from Computer sceience background suring UG and working in the industry for almost 8 years now. If it matters.

- Also, I haven't stamped the Extension on my return or re-applied new Cap-expemt after the extension expired.

Please Suggest.

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Since your visa has expired and you are currently in India I do not think it would be a visa transfer, but instead a whole new application.

The length of visa will likely depend upon your employer and the CO at the time of interview - I suggest you speak to your new company's immigration lawyer to answer those questions.

good luck


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First of All, Thank you for the Response.

I know it would not be a Transfer, but a new Application Rather. But, whether it is eligible to be filed cap-exempt ( since it was stamped less than 6 years ago ) or do I have to go through lottery again ?

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