How to Renew an Expired H1B Visa
Hi,
My H1 was filed by my previous employer in April 2008 cap and was selected in lottery and was stamped and was valid till July 2011.
I travelled in Jan 2009 and was there till Sep 2010 and returned back for good and changed to my current employer in India.
I checked my receipt no. now and this H1 still seems to be valid and is not cancelled by my previous employer.
1. Can this H1 be transferred to my current employer and renewed now?
2. Renewal option is valid within 6 years from the date of petition approval (2008 in my case) or 6 years from the date of last exit from US (2010 in my case)?
Thanks
Re: Expired H1 Visa - Renewal Options
There's really no such thing as a "transfer" of the visa. The new employer starts over. However, certain issues, specifically the cap limits, won't apply the second time around.
You're confused about the six years. The six years is the limit on the continuous time you can spend in the US on the H1B visa. You can't renew it at six years (you must leave, barring certain exemptions). Renewal is only available at the end of the first three year visa term for the second three years. However, since you spent time outside the US, the six years stops accumulating while you're gone.
Re: Expired H1 Visa - Renewal Options
Thanks for your reply. You mean to say can my current employer file a petition now to utilize the unused portion of the previous H1 or is this not possible?
Re: Expired H1 Visa - Renewal Options
If you were counted against the cap in 2008, you're period of being counted against the cap is over. When you're counted against the cap, it's for a maximum of six years in H1B status, subject to a few exceptions that you have not suggested would be relevant.