Can You Transfer an Expired H1 Visa

Hi,

I stayed in the US from June 2007 till August 2012 (initally with L1 and moved to H1 with the same employer). Excluding the breaks I stayed in the US for around 61(approx) months. My H1 was suppose to expire by Jun 2013 but left the country before that.

My question is will it be possible for me to transfer my H1 now from India if Yes then
1) Will I get a fresh H1?
2) If I am getting only the remaining period of my H1(approx 11 months), Is there any possiblity to File GC with the remaining 10 months period

I would really appreciate if you provide some clarity on this.

Regards,
V

You do not need a US H1 in India.

Everyone gets 60 months of combined H/L time to be present in US (meaning days out of US do not count). You say you have 11 months remaining. Yes, you can enter for 11 months with 797 approval and valid visa stamping of course and work for that time. In theory, employer could prepare PERM in 60 to 90 days to file and then if no audit get response in 5-6 months; file I-140 premium and get another H-1B for 3 years more based on approved I-140 but reality is you are probably going to be tight for time. Maybe come in and out of US to add few month of insurance for another short extension, but this is lots of money being spent either way in 11 months of time. Few employers willing to spend all that for any H-1B.