- In 2019, I received H1-B for 3 years until 2022 while being in the US. - In June 2020, I was laid off and filed the I-539 to stay longer in the US. - In Dec 2020, I moved to India. **Note:** **H1B stamping never done.** **No I-140 approved.** **Current Scenario β** Now, I got the offer and looking for an H1 transfer from India. **First Option**β 1. Can I renew/transfer H1B under premium processing? 2. If yes, can I do dropbox to get visa stamping? 3. If not, can I get H1B stamping in India without major delays? What is the timeline? 4. How about stamping in Canada, Dubai, UAE, or any other country? **Second Option**β Since I have a B1 visa. Can I travel on a B1/B2 visa to the states and still apply for an H1-B renewal? Do I need stamping then? **Third option** β Should I take admission again which offers CPT from Day 1. After joining the company on EAD (CPT), can I get an H1-B transfer? #layoff #offer
2 is not an option within 1st option.
Talk to an immigration lawyer. You only option most likely will be the first one.
Best to speak with the immigration lawyers that your new employer is using. But in my understanding , you lost H1B status when you got laid off and did not have a new petition submitted within 60 days. Plus you also left the country already. I don't think it will be considered a renewal or transfer anymore. It will be a new petition pretty much. If you have not used complete 6 years you will be provided a visa for the time unused , as am assuming you do not have I140 approved either which would allow extensions beyond 6 years. Also looks like you have been outside of USA for many months now, and in my knowledge, if you stay for 365 days outside US, the 6 year limit resets.
What do you mean resets ? so he can use CAP-EXMPT H1 for another 6 years, or he cannot be treated as CAP-EXEMPT ?
Since I am not a lawyer , I don't want to put information that may mislead someone. But this page might help answer doubts related to CAP-Exempt https://www.immi-usa.com/h1b-cap-exempt/ Again, best to speak to a laywer about current rules and policies
As I understand, the company must apply for a new cap-exempt H-1B petition as you no longer hold H-1B status. The new petition can be filed under premium processing so you'll get approval in a few days. You must then get a consular processing appointment for stamping as it's a new visa, which will take months in any country due to backlogs. If you travel on another visa, the change of status application to H-1B could take months and you'll likely get an RFE as it's suspicious, especially from B-1/B-2.
I am in the USA now on f1 visa. Will this be an issue if my company applies for H1-B next week?
No, there should be no issue. The petition can be approved immediately under premium processing. It will take a long to for the change of status to complete. Until then you can work on EAD if you have one.
Hi OP, were you able to do you transfer from India? Asking for a friend.
Speak to an immigration attorney!