q on applicability of h1 transfer

raj_dc

Registered Users (C)
I worked for large IT company based in India who sent me on H-1 for short-durations to the US whenever a project need was there.

The last I was in the US was Sept-Nov 2002. I was on the US payroll of my company during this period and hence have a W-2 for 2002.

I do not have any paystubs after Nov 2002.

In July 2003, I quit my company, went to the US consulate in Chennai, had my H-1 visa in the passport cancelled and got an H-4 to join my spouse in the US.

The original H-1 approval notice is valid till Apr'04.

Currently, I have a job offer from a US based company. They are willing to do my H-1.

Question:

Is it still possible for an H-1 transfer in my case and to make use of the H-1 portability provision to join the new company right away?
 
As ur H1 has been cancelled, u cant use the H1 portability. Ur H1 will be considered as a new H1.
 
I'd file a Change of Status to H-1 and if the company wants you immediately file it under Premium Processing. It costs an extra $1000 to BCIS but that's the best way to go in your situation.
 
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