H-1B transfer out of US, expired visa, unclaimed time

Hi everyone,

Wondering if an employer can pickup my H1-B in this condition

First H1-B with Employer A - Approval Notice - Oct 2017 to Sept 2020 (same in i-40)
Switched Employers in June 2018 - Employer B chose consular processing instead of premium
Worked on Receipt Notice from June 2018 - Aug 2019 for Employer B
Received Approval Notice for Employer B - i-797 validity period was extended to March 2021
Total of 2 approval notices
No H1-B extension applied yet
No i-140 applied yet
Have visa stamp for Employer A only

Came back to India during COVID in July 2020 - wasn’t able to move forward with jobs
Travel ban during 2021 - chose not to apply

Now interviewing for positions - for one position the interview is complete but the HR is wondering if this H1-B transfer OR recapture is possible from the first visa stamp with employer A - never had a visa stamp for employer B.

Wondering if you’ll have any suggestions - and if I can move forward with H1-B transfer.

Your total time spent in the US working for whatever H1B employer will be counted against the 6 year H1B term. If you have leftover time then a new employer can file cap-exempt H1B petition for you and you can utilize the rest of the H1B time.

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Hi Kalpesh - thank you for your answer.
Just have a follow-up question - can they do premium processing - considering I’m outside the US at the moment?

Yes, PP is an option.

Hi Kalpesh, another follow up question - if recruiters ask whether I have a valid H1-B and if my visa (never applied for H1-B extension) expired in Sept 2020 - and I’m still eligible for H1-B transfer through unclaimed time - how should I answer the question when recruiters ask - “do you have a valid H1-B visa?”

You said you previously had H1B petition approved so eligible for cap-exempt.

Wondering if I can seek guidance on some more questions:
What happens if you get offers from two employers? Are you supposed to say NO to one of them? What if you said YES to one employer and want to switch to the other employer?

Both employers may file H1B for you and you can decide which one to join. The other employer will withdraw if you dont join.

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