H1B Petition with Previous emp- in US on F1

[ephedra26]

I got my H1B VISA from my previous employer. I did not travel to US on that VISA but came to US for Grad School on F1 VISA. My H1B petition papers are still with my old employer. (valid till 2010)

What should I do if i join a new employer when i graduate from grad school? without working in US on H1 can i transfer my H1 to new employer?

Or is it a good idea to join my old employer with the same petition? in this case will I have to go back to home country and come back?

 

[manwithnoname]

If you want to work for a new employer, a new H-1B is required - this is subject to quota. A transfer is not possible since you are not working in H-1B. On the other hand, since your H-1B documents are still valid with your old employer, you maybe able to revalidate it by exiting the country and re-entering on the I-94 based on the H-1B. Consult your old employer's lawyer about this.