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