Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Oct 2007
    Posts
    2

    Default Ex H1B visa holder

    Hi,

    I am an ex H1B visa holder. My previous company (Company A) had applied for my H1B visa and was valid

    from Jan, 2004 - Dec, 2006 on passport. I was in USA from June, 2004 - Dec, 2004 (6 months) on that H1B

    visa. After coming back from USA (Dec, 2004), I moved to Company B.

    Now I want to go to USA again on H1B visa.

    Can I transfer the expired H1B visa or do I need to apply for a fresh H1b visa? If I need to apply for a

    new H1B, will I be subject to cap or cap-exempt? If cap-exempt, then when can I apply for the same?

    I heard that a person will not be subject to cap if she is already been counted and not completed 6
    years of H1B stay.

    Kindly advise me on the same.

    Thanks and Regards,
    Moumita

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex H1B visa holder

    To "transfer" an H1B it must be active, and generally speaking you would want two or three paystubs to document that you are actively working in the U.S.

    You will thus need to seek a new H1B to reenter for a different employer. If you've worked less than four of the past six years in the U.S., and your H1B is unexpired, and you've already been counted against the cap (that is, your original employer was not cap-exempt), you should be able to avoid the cap.

  3. #3
    Join Date
    Oct 2007
    Posts
    2

    Default Re: Ex H1B visa holder

    I have been counted against the 2004 H1B quota and my visa was valid from Jan, 2004 - Dec, 2006. After that it got expired. But I stayed there for only 6 months and currently I am outside the United States for more than one year.

    My question is can my new emplyer apply for a new H1B visa with the remainder option (5.5 years) and will it be cap-exempt?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex H1B visa holder

    Your H1B has expired, so you are not presently being counted against the cap.

    1. Sponsored Links
       

Similar Threads

  1. Visa Waiver Program: Can an O1 Visa Holder Enter Under Visa Waiver
    By david90232 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 08-27-2011, 09:23 AM
  2. Marriage: J1 Visa Holder Married to F1 Visa Holder
    By Marlboro in forum Visas for Business, Tourism and Family
    Replies: 4
    Last Post: 04-27-2011, 03:34 PM
  3. G Visas: G4 Visa Holder Marrying G4 Visa Holder Changing His Status Later
    By Marola in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 05-14-2010, 10:06 AM
  4. G Visas: G4 Visa for Overstaying Student Visa Holder
    By 18irving in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 09-25-2009, 10:25 AM
  5. Marriage: Green Card Holder Marrying an Expired Tourist Visa Holder
    By darwin in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 01-24-2009, 01:09 PM
 
 
Sponsored Links

Legal Help, Information and Resources