I am looking for an advice on renewal/transfer of my old H1B to new employer, my case details are below
- My Employer 'A' filed new H1B application
- Petition approved - in June 2008
- VISA Stamped - in Nov 2008
- Stamped VISA was valid till - June 2011
- Travelled to USA in March 2009, first time.
- I was still in USA when my VISA was about to expire and I was working with same employer 'A'.
- My employer filed an extension/renewal.
- Got approval to extension request and received new I-797.
- Renewed petition was valid from June 2011 to June 2013.
- I continue to work on extended petition without Stamping.
- I returned to India in Feb 2012.
- Never travelled back to USA during the validity of my extended petition, so I did not go for stamping again.
- I left employer 'A' in May 2013 and joined Employer 'B' in June 2013.
- Though my petition got expired in June 2013, my ex-employer 'A' has filed Revocation request in Aug 2013.
- USCIS revoked my petition on Employer's 'A' request in Oct 2013.
- I travelled to USA once in Aug 2015 and stayed there till end of Sep 2015 on B1 VISA.
- Now my employer 'B' wants to transfer/renew my old H1B as I can reuse remaining 3 years available with my old H1B.
1 - I would like to know if Employer 'B' can apply for renewal/transfer of my old H1B under out of cap??If not, why?
2 - Will there be any hurdles due to revoked petition.
3- Till what time my H1B status will be valid for Cap-exempt process? I left USA on H1b in Feb 2012.
Thanks,
Vinit
