I lived in the U.S. for 11 yrs and came back to India in May 2011 and I’m still in India. My H1B expired in Dec 2012. I’m getting an offer from US based client and they are ready to offer H1B. Would my expired H1B be transferred?


H1Bs are not transferred from company to company. The answer to this question depends upon whether there is time left in the six years of H1 status allowed. It is not clear whether all or most of the 11 years in the US were in H1B status or whether some was as a student or some other status, so there might still be H1B time left. If so, it would be potentially possible to use the remainder option and get an H1B petition approved without a new cap number. Otherwise, it would have to be a cap case, utilizing the fact of being out of the US for more than a year. This gives a full six years of allowed H1 time again. (16.Dec.2013)

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