H1B Transfer / New H1B visa

[mestep3]

Hello,

I am currently working with my company 'A' and am in the third year of my first H1B period which expires on July 2008.

I am planning to go on a vacation this november 2007 to my home country and will eventually resign to join another company 'B' in June 2008 under H1B visa.

Now my qtn is -

1 - Do I have to file a new H1B visa with caompany 'B' to join in June 2008 even though I have a previous h1 from company 'A' stamped in my passport valid till July 2008.

2 - Do I have to file H1 transfer when filing from utside US or a new H1B ?

3 - In this case do I get the period i spent outside the US on my H1B status stamped against my extesnion after 6 yrs of H1 expire ?

Thank You

P.S In both cases it is H1B cap exempt so no porblem with Quota.

 

[innovative]

1 - Do I have to file a new H1B visa with caompany 'B' to join in June 2008 even though I have a previous h1 from company 'A' stamped in my passport valid till July 2008.

YES, since you are travelling for the new company.

2 - Do I have to file H1 transfer when filing from utside US or a new H1B ?
H1- Transfer is OK.

3 - In this case do I get the period i spent outside the US on my H1B status stamped against my extesnion after 6 yrs of H1 expire ?
You only have 6 years from the day you first landed in the US on H1-B.

To allow a fresh start of 6 year calculation following are the 2 criteria -
1. person stays outside US for more than 365 days
2. person re-enters US on a new H1-B, not on a transferred H1-B