H1B Transfer Possible?

[abaliga]

We are trying to hire a new employee, he worked on h-1b from 1998 to 2001, so technically didn't work the 6 years at a stretch, and that can be proved. He left the country and went back home 2001, So technically he has like 2 years and change left on his old h-1b. Now can we hire him and transfer that visa is my question. Any inputs in this area is valuable to us.

Worst case scenario we can get him on the new h-1b quota for 2008, and he can start working Oct 1st.

Any thoughts???

 

[ginnu]

We are trying to hire a new employee, he worked on h-1b from 1998 to 2001, so technically didn't work the 6 years at a stretch, and that can be proved. He left the country and went back home 2001, So technically he has like 2 years and change left on his old h-1b. Now can we hire him and transfer that visa is my question. Any inputs in this area is valuable to us.
-------------- you can transfer H1 if H1 holder is in US on valid status and with valid I-94
Worst case scenario we can get him on the new h-1b quota for 2008, and he can start working Oct 1st.
------------Yes, file in April after H1 petitionapproval he can get H1 visa and can enter US on H1 stamp and can start working Oct 1st
Any thoughts???