Re-Use Options of H1 Petition

[Pravi]

Hello,

I got my H1 in 2010 ( valid till 2013 Jan)and H1 Visa stamped in 2011 June. I worked in USA for the same employer till the second last day of H1 validity. Meanwhile my employer extended my H1 (When I was in USA) and it is valid through 2014. I left USA before my original H1 VISA expiry date and continued working for same employer. I did not re-stamp the h1 based on new extension. Now I resigned from this job and my employer revoked my petition on my resignation. Here my question is...,

Can I transfer my H1 to a new employer as Cap exempt?, if I go to USA( I have H4 also)
Can I transfer from outside US?



Thanks,
Pravi

 

[Pravi]

Yes, you can transfer the H-1B petition as cap-exempt. If you are inside the USA in H-4 status, you would transfer the petition with a change of status request. If you are outside the US the transfer petition would be designated with consular notification. You would then need to get a new visa stamp before entering the U.S. in H-1B status.

Thanks a lot!

So I understand that any employer( including previous sponsor) can file a new H1 B for me along with a COS..

If I want to work for my previous employer, is there any other option?

Thanks again..
Pravi

 

[nitin_red]

Had once H1b visa now expired.. wanted to refile

I had H1B visa from an employer A for one year,which I couldn't utilize it bcoz of some reason and that got expired on Jan14
My question is I need to ask the same employer A to refile it this year, will it be cap exempt or not.

and one more question - When it can be file, means in the month Mar- April or later could also do?


PS: I got the visa on Jan 13 and it expired on Jan14. In 2012-13 there was no cap or quota on H1B visas.