All,
Have a question , i was in USA for few years returned back to India during Covid. My existing visa is about to expire. Meanwhile I am not interested to travel anytime soon. Wanted to know the process or steps to transfer that to any other Indian company here who can offer onshore deputations in future. Is physical presence in USA needed for h1b transfer ?
What if it is expired - do i need to go through lottery system again?
Thanks in advance for the reply.
Any H1B employer can file H1B cap-exempt petition for you even if you are not in the US. Once approved you will need to go for H1B visa stamping and enter the US to start the job.
Your new employer may be able to get H1B approved for the remainder of the six year tenure unless you are a beneficiary for a PERM and I140 in which case you can get your H1B extension beyond six years.
No need to go through lottery (cap-subject). Once a H1B is approved and you start the H1B job, the extension/transfer is considered cap-exempt.