Was on L1B for 5 years- then unused H1B- currently on H4-new H1B?

Hi Dear Saurabh,

  I am in a typical strange position when it comes to visa. Well, I guess everyone feels the sameway but seriously I am in a different situation and I need your help regarding the same.

  I first came to US in 2007 July on L1B through company "A" and worked in the same company till Aug 2012 on L1B and its extensions. Since L1B cannot be extended beyond 5 years, my company "A" applied for a H1B in 2012 to get that 6th year visa. However since this H1B was valid from Oct 1st 2012 and since my L1B was getting expired in August 2012 m company sent me back to India in September 2012. My H1B got approved and was issued till July 2013. However things didnot go as per the plan and my company "A" didnot send me for H1B stamping and eventually after 5 months of stay in India,I returned to USA on H4(my spouse has H1B for last 2years) in Feb 2013. Now another company "B" is ready to hire me in USA and it would be really great if you can answer me the following questions.
  1. Can company “B” use my H1B visa that was approved in 2012 and transfer it to their company? I have not used this H1B at all and changed to H4 immediately…So, will it be valid or not?

  2. Incase if company “B” can transfer and since my H1B is valid only till July 2013, can they apply for an extension for these additional 5 months which I have spent in India?

  3. Incase if company “B” can transfer and is willing to start GC process for me, will the time that I have in my existing H1B enough for continuing to work in company “B” without any break?

  4. Incase if that H1B is not valid, Can company “B” can apply for a new H1B when the quota starts on April 1st 2013.

  5. If company “B” can apply for a new H1B on April 1st 2013 in which case I will be eligible to work only from Oct 1st, 2013 and that means I have a break of 1 year from working in US(2012 September to 2013 September). So in this case, whether my time will be reset and will I get the new H1B for 3 years orsince they might consider the time when they actually see my application(April-May 2013) and since I haven’t completed my one year break and hence will I get it only for a year and then will I have to apply for extension?

  6. As if all these confusions are not enough, I will have to travel to India/UK in May/June time for attending few functions. So, if company “B” applies for new H1B in APril 2013 which incase if approved is valid from October 1, 2013,that means can I go to India and come back on the existing H4 stamping and continue working on H1B from Oct 1st.

Please let me know what are the different options that I have ASAP.

your bestbuddy

  1. Yes, they will have to file a cap-exempt petition for you using the old approved petition along w/ COS. Once approved, you can start working on H-1 from COS effective date.

  2. They can apply for H-1 petition for a term of 6 years minus time already spent inside US on L-1

  3. In order to get extensions beyond 6th year, either your PERM should be pending for 1 year; or PERM should be approved but I-140 pending for 1 year; or both PERM and I-140 approved but priority dates are not current.

  4. N/A

  5. Your clock is not reset as you are inside US. The clock is reset only if you apply in the new cap and stay outside US for more than 1 year before applying.

  6. They are not subject to April/October dates. However, if you travel then you will have to get H-1 visa stamped in the passport.

  1. Can this COS be applied after a year so that a fresh 6 year period will start?

  2. So, with only one more year time, what are the chances that I get PERM and I-140 approved for EB2 and EB3.

  3. Can I not apply for a new H1B in FY2014 cap at all through this new employer? And this new H1B will not start as a fresh one from Oct 1,2013 and since I will have a one year break from work(2012 sept - 2013 sept on H4)

  4. Will the time that I am on H4 also counted towards 6 years(5 years L1 + 1 year H4)? Does that mean, I need to return to India after 6 years even though I am on H4?

  5. Do I need to go to stamping for H1B irrespective of whether it is new H1B or COS?

Sorry for troubling you and thanks for your patience.

Hi Baajubhai,

Please let me know if you were able to use your old H1B visa for 6 years.
I am also in the same situtation.

Thanks in Advance for your helpo

Can you guys please check my question and help me?