Fresh H1B needed as Client is ready to employ me.

[parsewar]

Hi,

I have worked one of my employers client in US for 4 years, last year Jan I returned back. However client still wants me come back join them directly through one of their preferred local vendors/consultancies. But before approaching them, I would like to know whether I can get H1 in current year or should have to wait till Oct? Also One of the vendor could be ready to sponsor premium H1 for me as client is ready to absorb me immediately.

Requesting to please suggest me on this situation.

Thanks

sachin

[Chitown01]

Were you working on an H1 in the past?

If you were then new employer can file your h1 right away since you will be CAP exempt and you dont have to wait till Oct 1.

[pontevecchio]

Make sure they give the client letter.

[mhnlrd]

If you have worked on H1b with your earlier employer, then the local vendor / consultancy can transfer your H1b. Once H1b is approved you need to go for stamping before you enter back to US.

But if you have worked other than H1b then you need to wait till April for new H1b to be filed, once approved then in the month of October, need to go for stamping and get back to US.

Hope this helps.

[parsewar]

Thanks for the kind response and I get what you say, I was on L1 earlier and that visa has also expired now however, I would like to know how premium H1 filing works,

1. is there any way to apply for premium H1 now itself (in current year) before April 2012 itself, or should I have to wait till April 2012.

2. If it is after April 2012, would filing in premium, could I get the stamping done before Oct?

Thanks

sachin

[Chitown01]

1. If you were not on H1 in the past then you HAVE TO WAIT to file till 1st April and you CANNOT start working on H1 before 1st Oct.

2. You can get stamping done 90 days before petition start date, however you cannot start working on H1 untill Oct 1.