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.