H1-B expired. Does new H1-B count as H-1B transfer or new H1-B application

E

enjoys1

Registered Users (C)
My H1-B visa expired on Jan 19th, 2004 in both my passport and I-797.

I am working for another employer on EAD after I left previous employer around 160 days after filing my I-485.
Now, new employer is willing to file H1-B visa for me

Does new H1-B count as H-1B transfer or new H1-B application ?

Thanks
 
New H1... but you may not go out of the country

Well...it comes under new h1 quota.

However, you need not necessarily go out of the country to get the stamping on passport. When you request the change of status(COS) from AOS to H1, BCIS will most probably stamp your passport and give you a new I-94 here itself.

Of course, as our friends told BCIS may sometimes ask you to go out of the country to get the passport stamping. I'm hopeful that you will get the passport stamp here itself with the new I-94.

Search in the forum using keywords "485 aos attorney's suggestion" for more information. Some people successfully did this before.
 
Thanks for your replies.

Let's say my employer files for a new H1-B visa for me.
Can I work for my employer until the H1-B petition is approved
and then I can go to my home country to get the H1-B visa stamp on my passport ??
 
Thanks for your replies.

Let's say my employer files for a new H1-B visa for me.
Can I work for my employer until the H1-B petition is approved
and then I can go to my home country to get the H1-B visa stamp on my passport ??
 
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