H1B visa transfer (interesting case) question: urgent

H

hemantrm123

New Member
Hey all,
I have an interesting problem I am hope to have some answers to from the fine folks here!

So, I have a H1B (2nd term) from Oct-2009 to Oct-2012. I left my old company in Sept-2011 and came to UK for an MBA. Now I have an offer from a US firm (google) and I was wondering how to get my old H1B re-activated starting Jan-2013.

Can I re-activate old H1B in Jan-2013 (without being counted for the h1b-CAP) and then ask Google to file a fresh petition in April-2013 and transfer to the new H1B starting Oct-2013? Google's lawyers say that they'd like my old visa to have 18 months (I think they want to file fresh H1b in Apr 2014; not sure why!).

What are my options at this stage? Can google file for a H1B-visa 'transfer/remainder' in Jan/Feb and then immediate file a fresh petition in April for FY2014 (starting Oct-2013)?

Thanks a lot!
 
H-1B is for period of 6 years, your new employer can file for H-1B new employment after subtracting your initial period of stay on H-1B as long as there is remainder time left from total of 6 years unless you have labor certification pending or I-140 approved, then you can get H-1B approval beyond 6 years
 
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