Can I transfer my H1B after I came back to India?

USA H1B Visa
1

Hi,

I have a valid H1B, valid till May, 2014, Which I got in DEC, 2011. I was in US till Feb 2012 on H1b i.e for 3 months.However, I had to come back to INDIA because of personal reasons and I resigned from the employer who did my H1B. Now I work a differnet company.

My Question: Is my H1B VISA Still Valid and can I transfer my US H1B VISA to this company?

Thanks in advanced for your help.
-Pushkar

2

Yes, the current employer can file a cap-exempt petition (aka H-1 transfer) for you using the old petition. They would need copy of old approved petition, your US payslips and W2 for 2011 and 2012 (as you worked from Dec 2011-Feb 2012 you should have W2 for those years).