Extension of H1B expiry date for the unused months after H1B transfer

USA H1B Visa
1

Hi,

I got my H1B on Feb 2012 valid until Jan 2015


Due to personal reasons, I quit my job in the U.S. and returned to India in May 2012 due to personal reasons. Now, while living in India, I am searching for a job in the U.S.

My questions:



1) If I get a new job in the U.S. before Jan 2015, should I prefer filing a H1B transfer or a cap-exempt H1B visa petition for the new employer?

2) If I get a new job in the U.S. before Jan 2015 and after I successfully transfer my existing H1B to the new employee, do I need to again apply for renewal of existing H1B visa on Jan 2015? Or,[b] is there a provision that I can extend the H-1B expiry date from Jan 2015 to further beyond, based on the number of months that I have not used up[/b], as I left the U.S.?


Your answer will be very helpful. Thanks.
2

  1. They both are the same.

  2. You can search for a new employer who will file a cap-exempt petition for you (loosely known as H-1 transfer). When USCIS approves the petition, they will approve it for a certain tenure which will be indepdent of your current expiration date. Once approved, you can go for H-1 visa stamping (if you have not done stamping in the past) and then travel to US. Total time one can spent inside US on H-1 is 6 years. Note that only time spent physically inside US is counted. The cap-exempt petition can be filed anytime.