Transfer of H1B With Expired Stamp While Outside The U.S.
Hi,
I had my H1 b Stamped in Nov 2003 for my H1B petition through my first employer X1.
I worked for X1 from Nov 2003 until May 2004.
Then I returned to India on a leave from X1. While I was in India, I got offer from another employer X2 and they got a fresh H1(not transfer) processed in Sept 2004.
Since my visa stamp for X1 was valid then, X2 wanted me to use the same stamp, but new petition to enter the US.
However for family reasons I could not go back to the US until now.
Now the situation is,
My H1 from emplyer X1 got expired on Nov 2006.
Similarly, My H1 stamp also got expired on Nov 2006.
My H1 from employer X2 is still valid until Sept 2007. but I would need a valid stamp to enter US now.
Questions are:
1. If the emplyer X2 still wants me to join now, and sends me an offer letter with the revised joining date, can I go for stamping the visa using the original H1 from X2.
2. Is there any provision where my previous employer X1 can file a renewal/extension(or whatever it may be called) of my previous H1B. This is to bypass the quota for this year which is already over.
3. Any other solution to get into the US this year?
Thanks in advance,
Aries26m
Re: Complicated H1 transfer/application
You don't have a valid stamp and you're not in the U.S., so you can't "transfer" the H1B. If you resumed work for your first employer, you could obtain sufficient paystubs (normally three or more) to transfer to the second employer, but that assumes your first employer actually wants you back or will be that helpful in helping you get the new job.
You may wish to go over your situation in more detail with an immigration lawyer.