H1B Transfer.. / Extension - currently Not in US

I was in US for about 2.5 yrs starting May’08 until Jan’ 2011 on H1b with company A.

Company B filed H1b, in Sept'11, valid only till Oct'12 for client X (haven't gone for a stamping with employer B & haven't worked with them yet - so no pay-stubs either).


I have not worked with company B as yet, however, now there is a client change & I will be needed to work with client Y (through company B) at a new location.. & so I will need an amended petition before I go for stamping.


Meanwhile, Company C is willing to hire me as well..



I would like to keep my options open.... & so wanted to know the options I have


1.a) Company B files an Extension & amendment application for me..?


1.b) Can an extension application be filed given that I am not in US & the original H1 petition was not used at all.


1.c) Does company B need to withdraw the petition they first filed with requirement at client X valid only till Sept'12.



2) Can Company C file for a new H1 application altogether? - I would think I am no longer cap exempt as the H1 visa on my passport expired in Oct'10 & I have been out of US for almost 1 & 1/2 years.


3) Can company C file for a transfer (against the petition with company B valid till Sept'12) when company B has applied for extension & amendment?


4) Can Company C file for a transfer in case company B has applied to withdraw the first petition.



[b]Please let me know if you need additional details to be able to answer[/b].. I really need these answers in order to take any decision/action on my case....


Would highly appreciate a quick response.

Saurabh/Someone… can you please help…

Your employer B can file you extention for your current unused H1B which is valid till oct 2012… Your unused/ Stay in India doesn’t matter

Your employer C can go for a Conversion with your current unused H1B directly. No need to file new one.

Thanks Vivek

Thank you Vivek!! Appreciate your kind response. I would like to go ahead with the offer from Employer C & ask them to initiate the process.

HOWEVER, I was going through some paid forums and Legal experts there have stated… That “H-1B from B does not help, as it was never used. You would be subject to the new cap.”

My Extension application from Company A was approved until Oct 2013. However, when I went for stamping I got a 221g & it was denied in Sept’11.

That’s when Company B filed for H1b which went unused… going by the comments from paid forum if I cannot use the H1b from company B… how can a transfer be processed… Can it be done using the prev H1 petitions from company A??

ALSO, will you please confirm if there was any possibility of company C filing a CAP EXEMPT NEW H1b… not a transfer?? (That will perhaps be the best option steering clear of the mess…)

Thanks again.