jammy123

Guys, I guess that this is more of a complicated case, so any information would be greatly helpful. I was on an H1-B from May 2008. In January 2009, my Company (that had sponsored the H1-B) transferred me to another country, and in May 2010 I resigned from this Company. My question is:

1) If I get a new employer in the US, how would this work? - Would they be picking up my H1-B or would they have to apply for a new H1-B visa for me?

2) Would my old H1-B have stopped ticking in January 2009 or in May 2010?

Any additional information / recommendations would be greatly helpful guys.

Thanks so much!!

sangiano

I don't believe an H1B transfer would be possible for a number of reasons. You wouldn't have the recent pay stubs required and the employer should have revoked the H1B when you terminated your employment with them.

I think the new company would have 2 choices:

a) Sponsor a new H1B under the cap. This would be applicable if you have spent 1 year in your home country since leaving the US and have reset the 6 year clock. The start date could not be earlier than October 1st of the relevant year. If you have visited the US during the one year period, the length of those trips needs to be added to the 1 year requirement.

b) Sponsor a new H1B exempt from the cap. Since you have been the beneficiary of an H1B in the last 6 years, I believe this is applicable to you. You would not have to wait to October 1st to start work, but it could only be granted, in total, for the remainder of the 6 year period i.e. the previous time on H1B would count towards the 6 year limit.

I assume by "ticking", you mean time towards the 6 year limit.

From the information provided, you appear to have used 8-9 months to date (May 2008 to January 2009).

You are entitled to claim back the periods you were not in the US, if they were substantial, so you can claim back the period from leaving the US until the visa revocation.

Please check my thoughts and don't rely on them.

jammy123

Thanks so much for the response. Do you know where I can read up more on these options?

Thanks!

Ray

when and if you find a new employer ..their lawyers will tell you all
there is little demand of late

jammy123

Well I do have an employer and I just wanted to know what options were available to me to do this.

E3only

Stupid question - are you in the States now?

jammy123

Yes, I am. But I entered on a visitors visa, since I knew that I stopped working for that employer.