h1b - h4 - h1b

U

usheeee

New Member
Hi

I possessed an h1b visa (2001 - 2004) on which i have travelled to the US twice a year back and now i have come on h4 a month back
The original h1 petition - I797 is still with me and only the h1 stamp on my passport has been cancelled

And now me getting a new job offer, so do i need to just apply for a h1 transfer ( since my petition is valid till Sep 2004) or do i have to file for a new h1

Thanks,
Usha
 
Your new employer will have to file a new H1B petition on your behalf. If you were not out of the US for a full year, then you may be exempt from the H1B cap because you had been counted towards the cap once in the past six years (does not apply if your prior employer was a non-profit/higher educational institution etc).
 
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