Hi, Here is my case
With Employer AH1B Application was filed and approved in April 2007 (first time H1 ever had lottery),H1B Stamped 26-SEPT-2007 with validity till 23-SEP-2010
H1B Petition (I-797) expiry date was 23-SEP-2010
I entered US on this H1B in Jan 2008 and returned back by July 2009 (18 months) 1.5 years
Now I came across an Employer B who has checked with his Law firm and he confirms that even though it has been more than 6 years since I was last in the US, but he can still use my old expired petition and file a new petition (also transfer it to himself in the process) and use the remaining 4.5 years.
I did my research and I told him, that the petition can be transferred only during the 6 years of the validity of the petition (in my case 23-SEP-2013) but he insists that he has in the past got H1B petitions re-filed and transferred of people who had an H1B but never used the petition, never got stamping done and never traveled to US. He was able to use their entire 6 years.
When I spoke to a few lawyers they confirmed it has been more than 6 years I was in the US last. If there was any chance, it would have been before Jul 2015 (6 years from July 2009 when I left the US)/Even then, they say you can definitely file the petition but there are very high chances of denial.
hence I wish to taken an opinion from the experts here if it is even possible to use the 4.5 years from the old petition and file a new one which is Cap exempt?
please let me know.