H1b transfer after I94 expired - currently in India

Greetings.

I came to US on July 2016 on my first H1b(which got picked in lottery on April 2015) which expired on 24 Aug 2018. My employer already initiated the extension process in June 2018 and upgraded it to premium in October 2018. RFE was received and responded on Dec first week, and we received denial on 12 Dec 2018. Reason for denial was speciality occupation.

I took care of all my personal stuff and came back to India on 18 Dec 2018, and joined the US employer’s offices in India just after a week. It’s not a big employer. Not an MNC.

My US employer again filed for an H1b extension with different profile as Software Engineer (previously it was Systems Analyst) for the same client which got approved in Feb 2019 under premium processing.

Due to some reasons, US employer is not willing to bring me back to US. So I don’t have my new I-797 document which is needed for H1b stamping in India, and I don’t think they will give these documents to me either.

So can a new employer file for my extension/transfer if I am able to find a job in US from India? If yes, will they need my new I-797 which got approved in Feb 2019 but never used. I do have my first I-797 with me.

What other options do I have? My I-140 is also approved for more than 180 days with the US employer.

Regards

Hi @yogesh27

You can file H1B transfer with any new employer. They can use your old H1B receipt number too to file a cap exempt H1B even if the current employer is not sharing the current approved receipt number or approval copy.

If you can get the receipt number, that should also be enough to file a new transfer case.

Hi @Anil_Gupta

Thanks for your response. I am not sure if I can get the receipt number for my approved extension petition but I will see if I can get it from my US employer. If not, I will use my first I 797 as you suggested for a transfer if I got any opportunity.

Also one more thing, salary slips are needed for the transfer as per some online portals and my recent salary slips are from my Indian employer.
Is it fine if I provide my recent Indian salary slips since I am not in US and my last US salary slips are of Dec 2018?

Hi @yogesh27

Salary slips are needed when you are filing H1B Transfer while physically staying in US. USCIS asks for paystubs to prove your H1B status.

If you are in India, you are not in H1B status and hence those payslips are not required. Your Indian payslips are not required but there is no harm in submitting them either.

Thank you Anil for your response.

Hi @Anil_Gupta,

One more query if you can help me with.

Can my US employer revoke my H1b which has already been expired? If yes, will it cause any issue in h1b transfer from India?

Regards,
Yogesh Asthana

Hi @yogesh27

Revoking an H1B is normal and is required by USCIS is the employee stops working for the company.

It does not affect the future extention or Transfer though. You are cap exempt as long as you have not exhausted 6 year H1B quota.

Thank you @Anil_Gupta for the response:)