I was on H1 B for 3 yrs 3 months till 2001. (Out of Six years eligible). 2001 got B1 stamped and now B1 valid till 2021.
- Am I eligible for H1 B transfer for the balance period of 2yrs 9 mths (As the gap after the expiry of my H1 B is around 12 yrs ?? am I eligible for H1 B TRANSFER?)
b Some have expressed that I should have been on H1B within the past 6 years to get the eligibility for H1 B transfer for the left over period out of six years.[/b]
bSome indicated that I am eligible for transfer only while in US on B1 for COS).[/b]
the only option is to go for NEW H1 B (starting in April, 2013 and eligible to enter on H1 B in October, 2013).
Usually you should not be counted twice against the cap within the past 6 years but USCIS does not seem to be too stringent on this rule. You can consult an attorney and see if they suggest in filing with previously approved petition. Otherwise filing a new petition and getting it stamped in India is the only option.
What Ankit said is usually true. However, here you have a gap of 12 years. So it may not work out in your favor.
Ankit & Saurabh,
Thanks for your comments.